M.Sampath Kumar Vs State Rep by the Deputy Director of Agriculture

directing the respondents 1 to 7 herein to take appropriate action to remove unauthorized layout and construction morefully mentioned in B Schedule property which is blocking the lake channel to restore the same to its original condition.

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WP No. 33346 of 2024

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For Petitioner(s): Mr.T.Surendran

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For Respondent(s): Mrs.E.Ranganayaki AGP For R1, 2 & 4 To 7 Mr.T.N.C.Kaushik, For R3. Mr.K.Selvaraj For R8

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WP No. 33346 of 2024

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ORDER

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(Order of the Court was made by S.M.Subramaniam J.)

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The writ of mandamus has been instituted to direct the respondents 1 to 7

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to take appropriate action to remove unauthorized layout and construction mentioned in the B Schedule property, which is blocking the lake channel and

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restore it to its original condition.

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The complaint submitted by the petitioner regarding violations of the

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conditions in the No Objection Certificate (NOC), which caused public

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nuisance, was not responded to, leading to institution of the present writ petition.

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The learned counsel for the petitioner would submit that several violations are committed. The condition stipulated in the No Objection Certificate (NOC) issued by the District Collector has not been followed properly by the 8th respondent. Since no action has been taken the writ petition

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has been instituted.

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WP No. 33346 of 2024

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The learned counsel for the 8th respondent would submit that none of

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the conditions were violated that the conditions stipulated along with the No

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Objection Certificate (NOC) were strictly followed. It is further contended that

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the complaint itself was motivated and therefore, the writ petition is to be rejected.

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The learned Additional Government Pleader appearing on behalf of the

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respondents 1, 2, 4 to 7 relying on the counter affidavit filed by the Tahsildar submitted that during the course of field inspection, the Tahsildar found that the conditions stipulated in the No Objection Certificate (NOC) issued by the Collector had been violated. Since large-scale violations are noticed, actions

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were initiated to cancel the No Objection Certificate (NOC).

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Considered the arguments between the parties to the lis.

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It is needless to state that the conditions stipulated along with the No

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WP No. 33346 of 2024

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Objection Certificate (NOC) for forming a layout must be scrupulously

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followed without any deviations.

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In the present case, as per the counter affidavit filed by the Tahsildar,

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the water channel has been interfered with. Paragraphs 7 and 11 of the counter

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affidavit read as follows:

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“7) I submit that after getting the NOC from the

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District Collector, Ranipet the said Devendiran and his wife Malarkodi have jointly appointed J.Murugan S/o.Jayaraman of Sholinghur Town as a Power Agent through General Power of Document bearing No.3431/2023 dated 07.07.2023 of the Sub-Registrar

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Walajah in repect of 1.70½ acres of wet lands in S.No.377/2A, 377/2B1, 378/2B and 378/4 of Ammoor Village to convert into Layout, getting approval from Town Planning and selling the plots etc.

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11) I submit that the entire extent of 2.40 acres

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have been leveled at a height of 2 feet by powering soil and erected compound, blocking the writ petitioner's land and as well as the irrigation big channel without providing 3 meters as far condition of

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WP No. 33346 of 2024

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the District Collector.

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14) I submit that it is obvious from the above facts that the land owne, Thiru Devendiran has violated conditions of the No Objection Certificate granted by the District Collector, Ranipet bearing in D.Dis.C1/6868/2022 dated. 20.01.2023. It is therefore suggested to send proposals to the Distric Collector, Ranipet for cancellation for the No Objection Certificate.”

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The learned Additional Government Pleader would submit that actions

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have already been initiated to cancel the No Objection Certificate (NOC). Since the conditions stipulated in the NOC have been violated, as stated in the counter affidavit filed by the Tahsildar, the authorities will proceed with all further actions.

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