(Order of the Court was made by M.Sundar, J.) This writ petition has been filed by a Residents Welfare Association with a prayer to mandamus the official respondents herein to remove alleged encroachments in S.No.155 of Rajankuppam, Ayanambakkam village, now Maduravoyal Taluk (formerly Ambattur Taluk), Tiruvallur District and to restore the Channel.
2 It is the case of the writ petitioner that the Channel being part of development of land, the same is part of sanction accorded by the Chennai Metropolitan Development Authority (hereinafter referred to as 'CMDA' for brevity), which is respondent No.3 before us while approving the layout. It is also submitted by the writ petitioner that such sanction contains a provision for construction of culverts, where roads have been formed.
3 Writ petitioner submits that as culverts have not been built as provided in the sanction, it has paved way for alleged encroachments as mentioned supra.
4 Learned Additional Government Pleader Mr.R.Vijayakumar, who accepts notice on behalf of respondent Nos.1 to 5, draws our attention to a communication dated 4.3.2016 bearing Letter No.EC/C II/153/2016, wherein and whereby CMDA has delegated its powers of enforcement action on all types and categories of unauthorized construction, to the municipalities. In the instant case, the delegatee is respondent No.6 before us, i.e., Commissioner/ Executive Officer, Thiruverkadu Municipality, Thiruverkadu, Chennai-600 077.
5 From the above said communication dated 4.3.2016 from the CMDA (Respondent No.3 before us) to respondent No.6, namely, municipality it appears that CMDA has even referred to a complaint received from the writ petitioner before us and has requested the 6th respondent to take necessary enforcement action by exercise of powers delegated by CMDA to 6th respondent, which according to CMDA (as evidenced from the communication) is under the local bodies Act.
6 In the light of the above communication and in the light of the submission made at the Bar before us, we direct respondent No.6 to commence enforcement action as set out in the above said communication dated 4.3.2016 bearing Letter No.EC/C II/153/2016, within a fortnight from the date of receipt of a copy of this order and conclude the same (including construction of culverts where roads have been formed) within two months therefrom.
7 Though obvious, it is made clear that respondent No.6 while taking enforcement action should put on notice to all concerned, particularly the alleged encroachers and give adequate opportunity to all concerned. This writ petition is disposed of with the above direction. No costs.