Disposed

M.G.R. Nagar Annex Welfare Asso v. The State of Tamil Nadu

Madras HC15 Apr 2021WP/4658/2019

Case brief

AI extract

What is this about?

The court considered a writ petition challenging encroachment on waterbodies. It directed the petitioner to submit a fresh representation and ordered the respondents to consider it, hold hearings, and conclude eviction proceedings within specified timelines.

What did the court decide?

Directed the petitioner to submit a fresh representation within two weeks; respondents to consider and dispose of the representation within eight weeks; and continue eviction proceedings within four m

M.G.R. Nagar Annex Welfare Asso Vs The State… — Public Procurement and Tenders | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 15.04.2021

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CORAM :

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THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.4658 of 2019

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M.G.R. Nagar Annex Welfare Association, rep. by its Secretary, No.13, M.G.R. Nagar, Annexe, 4^th Street, Madura Melupalayam, Madhavaram,

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Chennai – 600 066. ... Petitioner Vs. 1.The State of Tamil Nadu, rep. by its Secretary to Government, Revenue Department, Fort St. George, Chennai – 600 009.

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2.The State of Tamil Nadu, rep. by its Secretary to Government, Public Works Department, (Water Resources), Fort St. George, Chennai – 600 009. 3.The State of Tamil Nadu, rep. by its Secretary to Government, Local Administration, Fort St. George, Chennai – 600 009. 4.The District Collector, Chennai District, Chennai. 5.The District Collector, Thiruvallur District, Thiruvallur. ... Respondents

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

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Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents to evict the encroachment made by the obstructer in the waterbodies bearing S.No.647, 1420/1, 601, 602 and etc., in M.G.R. Nagar, Madhuramelupalayam, Puzhal, Thiruvallur District, in terms of Notice No.79/BA/2018 dated 10.04.2018 issued by Division Officer, Redhills, the 2^nd respondent and based on the Hon'ble High Court of Madras order passed in the W.P.No.1294 of 2009 dated 30.10.2015 and 02.03.2016 within the time frame of four weeks.

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For Petitioner : Mrs.A.V.Bharathi for M/s.E.Martin Jayakumar

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For Respondents : Ms.R.J.Radhika Government Advocate ORDER (Order of the Court was made by Senthilkumar Ramamoorthy, J.)

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The writ petitioner canvasses a grievance with regard to the encroachment of waterbodies in Survey Nos.647, 1420/1, 601, 602 in M.G.R. Nagar, Madhuramelupalayam, Puzhal, Tiruvallur District.

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It is asserted that there are more than 500 families residing in M.G.R. Nagar and that the waterbodies in the aforementioned survey numbers belong to the Public Works Department. It is further stated that these waterbodies are the only source to drain water from areas inhabited by the aforesaid 500 families. In view of the encroachment of said waterbodies by about 20 families, it is stated that the flow of water has been impeded. It is further asserted that a representation was carried to the official respondents on or about 21.11.2017 and that an eviction notice was issued to the encroachers on 10.04.2018. However, no further action was taken in accordance with law to evict such encroachers.

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Ms.R.J.Radhika, learned Government Advocate, appears on behalf of the respondents and submits that if a representation is submitted to the Secretary, Public Works Department (Water Resources), Chennai-9 and the Section Officer, Irrigation Section, Public Works Department at Redhills, such representation would be considered and disposed of. As regards encroachers, it is submitted that action would be taken in accordance with the applicable law to evict such encroachers.

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

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In view of the aforesaid submissions, the writ petitioner is permitted to submit a fresh representation to the Secretary, Public Works Department (Water Resources), Chennai-9 and the Section Officer, Irrigation Section, Public Works Department, Redhills, Tiruvallur District. Such representation shall be submitted within a period of two weeks from the date of receipt of a copy of this order. Upon receipt thereof, the Section Officer, Irrigation Section, Public Works Department, Redhills, Tiruvallur District is directed to consider such representation and dispose of the same by a reasoned order within a period of eight weeks from the date of receipt thereof, after providing a reasonable opportunity to all affected parties thereby, including the alleged encroachers. In addition, the official respondents are directed to continue with the eviction proceedings that had been initiated under applicable law and conclude the same in accordance with law within a period of four months from the date of receipt of a copy of this order.

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W.P.No.4658 of 2019 is disposed of on the above terms. There will be no order as to costs. Sd/Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar bbr To: 1.The Secretary to Government, State of Tamil Nadu, Revenue Department, Fort St. George, Chennai – 600 009. 2.The Secretary to Government, State of Tamil Nadu, Public Works Department, (Water Resources), Fort St. George, Chennai – 600 009.

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

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3.The Secretary to Government, State of Tamil Nadu, Local Administration, Fort St. George, Chennai – 600 009. 4.The District Collector, Chennai District, Chennai. 5.The District Collector, Thiruvallur District, Thiruvallur. Copy to: The Section Officer, Irrigation Section, Public Works Department, Redhills, Tiruvallur District. +1cc to the Government Pleader Sr.22814 W.P.No.4658 of 2019

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gpl[co] srg 03/05/2021

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

M.G.R. Nagar Annex Welfare Asso v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

M.G.R. Nagar Annex Welfare Asso v. The State of Tamil Nadu

Case brief

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What did the court decide?

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