Madras High Court
R. Sivakumar vs Unknown on 12 October, 2023
Author: S. Vaidyanathan
Bench: S. Vaidyanathan
W.P. No.27456 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.10.2023
CORAM:
THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN
and
THE HONOURABLE MR. JUSTICE K.RAJASEKAR
W.P. No.27456 of 2017 and W.M.P. No.29343 of 2017
R. Sivakumar Petitioner
v
1 The Special Commissioner & Commissioner
of Land Administration
Chepauk
Chennai 600 005
2 The District Collector
Kanchipuram District
Kanchipuram
3 The Tahsildar
Pallavaram Taluk
Kanchipuram District
4 The Member Secretary
Chennai Metropolitan Development Authority
Gandhi – Irwin Road
Egmore
Chennai 600 008
5 The Special Officer
Block Development Officer
Kundrathur Panchayat Union
Padappai
Kanchipuram District
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W.P. No.27456 of 2017
6 The Executive Engineer
Public Works Department
Water Resources Organisation
Lower Palar Basin Division
Kanchipuram
Kanchipuram District
7 Ashok Nandavanam Properties Pvt. Ltd.
represented by the Director
S. Ashokan
S/o R. Shanmuga Mudaliar
11, “F” Block, II Main Road
Anna Nagar East
Chennai 600 102
8 Colorhomes Developers Pvt. Ltd.
represented by the Managing Director
D. Ramesh
19, “W” Block Vasanth Colony
Anna Nagar East
Chennai 600 102 Respondents
Writ Petition filed under Article 226 of the Constitution of India seeking
a writ of mandamus directing the respondents 1 to 6 to take action against the
respondents 7 and 8 for altering the physical features and encroaching the
water channel in S.No.24, Tharapakkam Village, Pallavaram Taluk,
Kanchipuram District and for violating the conditions incorporated in the
layout plan approval order in PPD/L.O. No.20 of 2015 in
Lr.No.L1/16431/2014 dated 08.06.2015 issued by the respondents 4 and 5 by
considering the petitioner's representation dated 02.10.2017.
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W.P. No.27456 of 2017
For petitioner Mr. N. Manokaran
For RR 1-3, 5 & 6 Mr. A. Selvendran
Special Government Pleader
For R7 Mr. M.R. Jothimanian
for Mr. K. Balu
For R4 Mrs. P. Veena Suresh
For R8 Mr. M. Anandaraj
For R9 Mr. Sharath Chandran
Advocate Commissioner
------
ORDER
(made by S. VAIDYANATHAN, J.) This writ petition has been filed seeking a writ of mandamus directing the respondents 1 to 6 to take action against the respondents 7 and 8 for altering the physical features and encroaching the water channel in S.No.24, Tharapakkam Village, Pallavaram Taluk, Kanchipuram District and for violating the conditions incorporated in the layout plan approval order in PPD/L.O. No.20 of 2015 in Lr.No.L1/16431/2014 dated 08.06.2015 issued by the respondents 4 and 5, by considering the petitioner's representation dated 02.10.2017.
2 In order to enable this Court to give a quietus to this case, vide order dated 28.07.2023, this Court appointed Mr. Sharath Chandran, learned https://www.mhc.tn.gov.in/judis 3/8 W.P. No.27456 of 2017 counsel, as Advocate Commissioner, to inspect the aforesaid alleged area of encroachment in the presence of the parties along with Revenue officials, take videograph and photographs and file a report, in pursuance whereof, he has filed his report dated 07.09.2023, which, for the sake of ease of reference, is extracted below:
REPORT OF THE ADVOCATE COMMISSIONER “1. The undersigned was appointed as the Advocate Commissioner vide order dated 28.07.2023, to inspect the alleged encroachment on the water channel at Survey no 24, Tharapakkam Village, Pallavaram Taluk, Kanchipuram District. The order &warrant of commission are enclosed as Annexures C1 and C2.
2. The undersigned had issued notice to Mr N. Manokaran, learned counsel for the petitioner (ii) Tahsildar, Pallavaram Taluk (iii) Tahsildar, Kundrathur Taluk (iv) the Executive Engineer, Public Works Department, Kanchipuram (v) the Executive Engineer, Public Works Department, Thiruvallur District
(vi) M/s. Ashok Nandavanam Properties Pvt. Ltd (vii) M/s.
Colorhomes Developers Pvt. Ltd. fixing the date of inspection on 02.09.2023 at 10:30 A.M. The notice of inspection and dispatch receipts are enclosed as Annexure C3.
3. On 02.09.2023, the water body/odai at Survey No 24, Tharapakkam Village, Pallavaram Taluk, was inspected in the presence of the following persons (i) Mr. R. Sivakumar, the petitioner herein (ii) R. Sathiesh Kumar, AE/ Water Resources Department (iii) Mr. Karthikeyan Vivekanandan, Firka Surveyor,
(iv) Mr. M. Velmurugan, VAO, (v) Mr. A. Jai Chandran, AGM (IT), VGN Homes Pvt Limited (vi) Mr A. Sathiyamurthy, Manager, Ashok Nandavanam Properties Limited.
OBSERVATIONS
1. The odai at Survey No 24, Tharapakkam Village, Pallavaram Taluk was physically inspected by me with the assistance of Mr.Karthikeyan Vivekandan, the Firka surveyor and the VAO, Mr. M. Velmurugan. The FMB Sketch of Survey No. 24 is enclosed as Annexure C4.
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2. The odai runs through Survey Nos 257/1A, 257/1B, 258, 259 and 260 on the southern side and Survey Nos 23, 18/2A and 18/2C on the northern side where construction activities are currently underway by VGN Constructions Private Limited. The odai also flows between Survey No 17, which belongs to the petitioner and Survey No 262 which belongs to the 7th respondent herein.
3. Upon physical inspection, it was noticed that the revenue authorities have fixed boundary stones on either side of the Odai which corresponds to the width of the water channel in the F.M.B. sketch. It was seen that freshly excavated mud had been dumped to an extent of about .7 meters to 1.2 meters from the boundary stones on either side between Survey Nos 257/1A, 257/1B, 258, 259 on the southern side and Survey Nos 23, 18/2A and 18/2C on the northern side (Photographs enclosed as Annexure C5).
4. That apart, the water channel has been completely obliterated at a point (marked F in the FMB Sketch) between Survey nos. 18/2C on the northern side and Survey No 260 on the southern side by an intended bridge which is being presently constructed (Photographs enclosed as Annexure C6). As a temporary measure, a small channel of about 1-meter width has been dug around the bridge to connect the two ends of the Odai (Photographs enclosed as Annexure C7). I enquired from the Assistant Engineer,Water Resources Department as to whether any permission was granted for the construction of the bridge. I was orally informed that permission had been granted to VGN Homes Pvt. Ltd. However, no such permission was produced at the time of inspection or at any time thereafter.
5. The odai considerably narrows down at the “L” junction between survey Nos. 262& 18/2C and the petitioner’s land in Survey No 17. During physical inspection, it was seen that about 1 to 1.5 meters of the odai from the boundary stone had been covered with mud. It was noted that VGN is constructing a compound wall in Survey No 18/2C, and the columns of the wall are adjacent to the boundary stone of the Odai. The mud was dumped possibly to reinforce the compound wall which is being built by VGN. (Photographs enclosed as Annexure C8).
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6. The odai flows eastwards from Survey No 17, which belongs to the petitioner and Survey No 262 which belongs to the 7th respondent herein where no construction or encroachment was noticed. The odai has narrowed in this stretch as the authorities have not de-silted and cleaned the channel for months if not years on end.” 3 Even though as many as seven annexures have been filed along with the Advocate Commissioner's report, pertinent it is to advert to Annexure C4 (FMB sketch) showing the water channel, more so, the portion marked “F”, as per which, the odai has been completely obliterated. Of course, it is not specifically spelt out in the report as to whether the private respondents had made any encroachment.
4 Be that as it may, it is submitted by Mr. A. Selvendran, learned Special Government Pleader that there are no encroachments in the water channel and when permission was granted to construct a bridge, the place was covered with mud and that the same will be removed and desilting will be done enabling unhindered flow of water. He further submitted that the official respondents will ensure that encroachment by anyone much less by the eighth respondent is not made.
5 Taking note of the Advocate Commissioner's report and the assurance given by Mr. A. Selvendran that the water channel will be protected https://www.mhc.tn.gov.in/judis 6/8 W.P. No.27456 of 2017 and that no encroachment will be allowed to be made by anyone in the water body, we direct that desilting shall be done within a fortnight from the date of receipt of a copy of this order, keeping in mind the fast approaching rainy season and also the fact that the water channel in question is a connecting link between Adyar River and Chembarambakkam lake, which is one of the main sources of water supply/storm water drain to the city of Chennai. It is further directed that the water channel in question is inspected by the authorities periodically to ensure that no encroachment takes place and desilting also is done regularly.
With the above directions, this writ petition stands disposed of. Costs made easy. Connected W.M.P. is closed.
(S.V.N., J.) (K.R.S., J.) 12.10.2023 cad Note to Office: Issue order copy by 18.10.2023 https://www.mhc.tn.gov.in/judis 7/8 W.P. No.27456 of 2017 S. VAIDYANATHAN, J.
and K. RAJASEKAR., J.
cad To 1 The Special Commissioner & Commissioner of Land Administration Chepauk, Chennai 600 005 2 The District Collector Kanchipuram District Kanchipuram 3 The Tahsildar Pallavaram Taluk Kanchipuram District 4 The Member Secretary Chennai Metropolitan Development Authority Gandhi – Irwin Road Egmore, Chennai 600 008 5 The Special Officer Block Development Officer Kundrathur Panchayat Union Padappai, Kanchipuram District 6 The Executive Engineer Public Works Department Water Resources Organisation Lower Palar Basin Division Kanchipuram, Kanchipuram District W.P. No.27456 of 2017 12.10.2023 https://www.mhc.tn.gov.in/judis 8/8