This Division Bench held that since prior directions to remove encroachment were already issued, a fresh writ petition was not necessary. The petition was disposed of on the ground that the appropriate remedy for non-implementation would be a contempt petition, not mandamus after mandamus.
The writ petition was disposed of without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 4/2/2019
C O R A M
THE HON'BLE MR.JUSTICE S.MANIKUMAR
AND
THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
Writ Petition No.30767 of 2018
G. Baskaran ...Petitioner
Vs
1. The District Collector
Thiruvallur District.
2. The District Revenue Officer
Thiruvallur Taluk Office
Thiruvallur.
3. The Commissioner
Villivakkam Panchayat Union
Ambattur
Chennai 600 053.
4. V. Indira. ...Respondents
Petition filed under Article 226 of the Constitution of
India praying for the issuance of a writ of mandamus to direct
the first, second and third respondents to take action against
the fourth respondent to remove the encroachment made by him in
the water bodies in Survey No.374/1 A of Vellanur Village, Red-
hills catchment area based on the orders passed by the third
respondent on 20/6/2018.
For petitioner : Mr.R.Sreedhar For respondents : Mr.Akhil Akbarali Government Advocate for R.R.1 to 3. O R D E R (Order of the Court was made by S.Manikumar,J)
Material on record discloses that earlier, the petitioner has filed W.P.No.29196 of 2017, seeking for a direction, to
consider the representation, dated 3/7/2017, and to take action against the illegal encroachment and unauthorised construction, alleged to have been made by the fourth respondent, on a public canal. Construction of shops and buildings, in Plot No.8, comprised in S.No.374/1A, situated at Tirupati Nagar, Vellanur Village, public canal has been encroached.
Na.Ka.No.2851/2018/No.1 Date: 19/5/2018 CALL LETTER Sub: Case – W.P.No.29196/2017 and WMP No.31457/2017 Mr.G.Baskaran – regarding to be present for enquiry against the case filed in Madras High Court.
Ref: Madras High Court W.P.No.29196/2017 and WMP No.31457/2017
Mr.G.Baskaran had a writ petition before the Madras High Court to remove the encroachment in Survey No.374/1A, Vellanur Village, Avadi Taluk, Thiruvallur District. Hence, I hereby called upon you to attend the enquiry which is to be held on 29/5/2018 at 4.30 p.m., before the office of the District Collector, Thiruvalur, with all the relevant original documents, failing with necessary action would be initiated against you.
The District Collector Thiruvallur.
Panchayat Union, Ambattur, has also issued a notice, dated 20/6/2018, to Mrs.Indira, fourth respondent in the above said writ petition, with copies marked, to the District Collector, Thiruvallur and Mr.G.Baskaran, writ petitioner. Notice, dated 20/6/2018, is reproduced hereunder:-
Na.Ka.No.2828/2018/aa3
Date: 20/6/2018
Sub: Panchayath – administration – Villivakkam - Panchayath Union – Vellanur Panchayat S.No.374/1A – Building constructed in unapproved plot in Water Body sector – case pending in Madras High Court – notice to demolish building issued – regarding.
Ref: 1. Na.Ka.No.2951/18/No.1 Date 19/5/2018 issued by the District Collector, Thiruvallur.
You had encroached the unapproved plot in Survey No.374/1A in Vellanur Panchayat in Villivakkam Panchaya Union. As per the Tamil Nadu Panchayat Act Building Rule 1997 and CMDA full integrity projects 2026 the above lands in Survey No.374/1A has been declared as water catchment area. Hence you are instructed to demolish the building constructed thereon within 15 days from the date of receipt of this notice, falling which it is informed that the panchayat administration will demolish the same and the entire expenses rendered should be borne by you.
Commissioner Villivakkam Panchayat Union Ambattur.
Prayer in W.P.No. Petitioner in W.P.No. 29196 of 2017 30767 of 2018 To direct the first respondent, To direct the first, second and based on the petitioner's third respondents to take representation dated 30/7/2017, action against the fourth to take action against the respondent to remove the illegal encroachment and encroachment made by him in the unauthorised construction water bodies in Survey commenced by the fourth No.374/1A of Vellanur village, respondent. red-hills catchment area based on the orders passed by the third respondent on 20/6/2018.
mvs Sd/Assistant Registrar //True Copy// Sub Assistant Registrar To 1. The District Collector Thiruvallur District.
2. The District Revenue Officer
3. The Commissioner
+1cc to Mr.R.Sreedhar, Advocate,Sr.No.9300 +1cc to the Govt.Pleader, vide SR.NO.9456
Writ Petition No.30767 of 2018
kan(CO)
kak(05/03/2019)
2 issues framed by the court
Whether a fresh writ of mandamus is required when prior directions of the Court to remove encroachment have been partially complied with.
Whether the petitioner has a fresh cause of action to seek enforcement of the impugned order.
G. Baskaran
The District Collector, Thiruvallur District
The District Revenue Officer, Thiruvallur
The Commissioner, Villivakkam Panchayat Union
V. Indira
S. Manikumar
Subramonium Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
