Disposed

N.Shanmugham v. The Additional Chief Secretary to the Government

Madras HC3 Jun 2021WP/12170/2021

Case brief

AI extract

What is this about?

This writ petition sought a Mandamus to direct respondents to remove encroachments from specific waterbodies in Chennai villages. The High Court disposed of the petition by directing the petitioner to submit a fresh representation to the District Collector for inquiry and disposal, rather than immediately ordering removal.

What did the court decide?

Petitioner directed to submit fresh representation to 2nd respondent; 2nd respondent to enquire and dispose within twelve weeks granting hearing opportunities.

N.Shanmugham Vs The Additional Chief Secretary to… — Environment and Pollution | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated 03.06.2021

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CORAM:

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THE HONOURABLE MR. JUSTICE R.SUBBIAH and THE HONOURABLE MRS.JUSTICE S.KANNAMMAL

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W.P. No.12170 of 2021

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N.Shanmugam .. Petitioner Versus

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1. The Additional Chief Secretary to the Government, The Commissioner of land Administration, Ezhilagam, Chepauk, Chennai 600 005.

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1. The District Collector, Chennai District, Rajaji Salai, Chennai 600 001.

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1. The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai 600 003.

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1. The Revenue Divisional Officers, Central Chennai Division, Anna Nagar (W) Ext., Chennai 600 001.

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1. The Zonal Officer, Greater Chennai Corporation, Zone VII Chennai 600 053.

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The Tahsildar, Ambattur Taluk, Ambattur, Chennai 600 053. .. Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents to remove the encroachments in the waterbodies in S.No.28, 253/16, 306/2, 313/3, 322, 32, 31/2, 322/1, 337 in Padi Village and S.Nos.20, 40, 88, 99/1, 138/2, 209, 223, 356/1, 490, 499 in Mogappair Village and S.No.12, 79 etc. in Korattur Village and Ambattur Village and to restore the same as waterbodies as sought vide representation dated 29.12.2020.

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For petitioner : Mr.N.A.Nissar Ahmed For respondents for RR1,2,4&6 : Mr.R.Neelakandan, G.P. for R3 & 5 : Mr.M.Ganesan

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https://hcservices.ecourts.gov.in/hcservices/

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ORDER

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(The Order of the Court was made by R.Subbiah, J)

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The Writ Petition is heard through video conferencing.

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This petition has been filed seeking for Writ of Mandamus, directing the respondents to remove the encroachments in the waterbodies in S.No.28, 253/16, 306/2, 313/3, 322, 32, 31/2, 322/1, 337 in Padi Village and S.Nos.20, 40, 88, 99/1, 138/2, 209, 223, 356/1, 490, 499 in Mogappair Village and S.No.12, 79 etc. in Korattur Village and Ambattur Village and to restore the same as waterbodies as sought vide representation dated 29.12.2020.

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It is the case of the petitioner that the water bodies are precious natural resources, which provides water and prevents floods. The waterbodies in the above said Survey Numbers were encroached by encroachers, which resulted in water scarcity summer season and flood in the residential areas of Mogappair, Korattur and Ambattur Village, during rainy season. Hence, he made a representation to the respondents to remove the encroachment, but no action has been taken till date. Therefore, the present Writ Petition has been filed.

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Though very many contentions have been raised in the Writ Petition, the prayer in the petition is very explicit and hence, we are not dealing with the averments made in the affidavit.

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Heard both sides and perused the materials available on record.

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Considering the submissions made on either side, this Court, without going into the merits of the case, directs the petitioner to give fresh representation to the second respondent along with a copy of this order, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the second respondent is directed to conduct enquiry by affording an opportunity of personal hearing to the petitioner as well as to the necessary parties and dispose of the said representation within a period of twelve weeks thereafter.

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With the above directions, the Writ Petition is disposed of. No costs.

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https://hcservices.ecourts.gov.in/hcservices/

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Sd/Assistant Registrar(CS III)

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//True Copy//

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Sub Assistant Registrar

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pvs To

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1.The additional chief secretary to Government,
The the Commissioner of land administration,
Ezhilnagar, Chepauk, Chennai 600 005
2. The District Collector,
Chennai District,
Rajaji salai,
Chennai.
3.The commissioner,
Greater Chennai Corporation,
Rippon Buildings, Chnnai 600 001.
4.The Revenue Divisional Officers,
Central Chennai Division,
Anna Nagar (W) Ext., Chennai 600 001.
5.The Zonal Officer,
Greater Chennai corporation
Zone VII Chennai 600 053.
6.The Tahsildar,
Ambattur Taluk, Ambattur,
Chennai 600 053.
+1 cc to Government Pleader Sr.No. 27401
W.P. No.12170 of 2021
UM(CO)
A.SK(13.07.2021)

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https://hcservices.ecourts.gov.in/hcservices/

N.Shanmugham v. The Additional Chief Secretary to the Government

Case brief

What is this about?

What did the court decide?

N.Shanmugham v. The Additional Chief Secretary to the Government

Case brief

What is this about?

What did the court decide?

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