Madras High Court
D.Dayaanand vs The Secretary To Government on 5 March, 2020
Bench: M.M. Sundresh, Krishnan Ramasamy
W.P.No.1372 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.03.2020
CORAM
THE HONOURABLE MR. JUSTICE M.M. SUNDRESH
AND
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
W.P.No.1372 of 2020
D.Dayaanand ... Petitioner
Vs
1.The Secretary to Government,
Fort St.George,
Secretariat,
Chennai – 600 009.
2.The District Collector,
Master Plan Complex,
NH-205,Thiruvallur,
Tamil Nadu – 602 001.
3.The Revenue Divisional Officer,
JN Road,
Thiruvallur – 602 001.
4.The Tahsildar,
Ettima Nagar,
Poonamallee,
Chennai – 600 056. ... Respondents
Prayer : Writ Petition filed under 226 of the Constitution of India to
issue a writ of mandamus or any other appropriate writ, order or
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W.P.No.1372 of 2020
direction in the nature of a writ, directing the respondents to restore
the water channel comprised in S.No.166 of Koladi Village,
Poonamallee Taluk, Thiruvallur District by removing the
encroachments and ensuring the free flow of water from the lake.
Mr.Ashokapathy
For Petitioner :
for M/s.Pass Associates
For Respondents : Mr.R.Vijayakumar, AGP
ORDER
(Order of the Court was made by M.M.SUNDRESH,J) The petitioner has filed this writ petition seeking appropriate action at the hands of the first respondent to restore the water channel in S.No.166 of Koladi Village, Poonamallee Taluk, Thiruvallur District by removing the encroachment made.
2. In the report filed by the fourth respondent, the following statement has been made:-
“Accordingly as per the instruction from the second respondent, the 4th Respondent (i.e) The Tahsildar, Poonamallee has made inspection along with the officials concern.
Page 2 of 7 http://www.judis.nic.in W.P.No.1372 of 2020 The classification of the land in question is as follows:-
Name of the Survey Extent Classification Village No Ayanambak 695 61.05.0 Lake kam Koladi 168 24.11.0 Ayanambakkam Lake inset Koladi 166 0.26.0 Odai The Odai in Survey No.166 at Koladi Village starts from Survey No.167/2 stands in the name of Karthick, Santhi, Sivakumar as per Patta No.2998 which contains a Patta Land Channel and ends in Survey No.1 of Noombal Village. The inspection of the above sites reveals the following:-
1.There are no encroachments in Survey No.695 Ayanambakkam Eri inset of Ayanambakkam Village, Poonamallee Taluk.
2.There are also no encroachments in Survey No.168 Ayanambakkam Eri Ulvoy of Koladi Village, Poonamallee Taluk.
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3.Survey No.166 of Koladi Village, Total extent 0.26.0 Ares, the classification of the above land is “Odai” in Revenue accounts. The excess water (Water for Calingula) from Eri passes through the Odai and reaches “Coovam River”. Inspection reveals that Odai passes underground, On the top of the Odai a Tar Road was laid till the tail end of the Odai upon the road, there are 17 encroachments by way of construction of residential houses, two petty shops and one small temple. A compound wall was also constructed encroaching 5 feet width of the above land. The enumeration of the encroachments like income, occupation was enumerated and Form I and II sent to Public Works Department. I submit that the lands in Survey No.166, 168 of Koladi Village and Survey No.695 of Ayanambakkam Village are belongs to Public Works Department.
I have addressed the Public Works Department to take appropriate action to evict the encroachment Page 4 of 7 http://www.judis.nic.in W.P.No.1372 of 2020 in S.No.166 of Koladi Village, Poonamallee Taluk as per relevant rules. I am also submitting Photographs, Combined Sketch indicating the nature of encroachments in S.No.166 of Koladi Village, Poonamallee for kind perusal.”
3. In view of the above, we are of the view that the Public Works Department is the competent authority to take action. Therefore, liberty is given to the petitioner to approach Public Works Department for appropriate action.
Writ Petition stands closed. No Costs.
(M.M.S.,J.) (K.R.,J.)
05.03.2020
Index : Yes/No
ssm
To
1.The Secretary to Government, Fort St.George, Secretariat, Chennai – 600 009.
2.The District Collector, Page 5 of 7 http://www.judis.nic.in W.P.No.1372 of 2020 Master Plan Complex, NH-205,Thiruvallur, Tamil Nadu – 602 001.
3.The Revenue Divisional Officer, JN Road, Thiruvallur – 602 001.
4.The Tahsildar, Ettima Nagar, Poonamallee, Chennai – 600 056.
Page 6 of 7 http://www.judis.nic.in W.P.No.1372 of 2020 M.M. SUNDRESH,J.
AND KRISHNAN RAMASAMY,J.
(ssm) W.P.No.1372 of 2020 05.03.2020 Page 7 of 7 http://www.judis.nic.in