IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.02.2017 CORAM THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.3980 of 2017 T.M.S.Sivakumar .. Petitioner Vs.
1. The District Collector Tiruvallur District Tiruvallur.
2. The Revenue Divisional Officer Poonamallee Taluk Poonamallee.
3. The Tahsildar Poonamallee Taluk Poonamallee.
4. The Commissioner Poonamallee Municipality Poonamallee.
5. The Addl Chief Secretary to Govt Highways and Minor Ports Department Fort St.George, Chennai-9.
6. The Chief Engineer State Highways Department HRS Campus 76, Sardar Patel Road Guindy, Chennai-25. .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents herein to remove the encroachments in the Battai Puramboke (Road Puramboke) land in Survey Nos.401, 468 and 379 of Kattupakkam Village in Poonamallee Taluk, Thiruvallur District.
For Petitioner : Mr.K.S.Kumar For Respondents : Mr.M.K.Subramanian Government Pleader for respondents 1 to 4 and 6 ORDER (Order of the Court was made by the Acting Chief Justice) Notice to the fifth respondent is dispensed with. The learned Government Pleader is directed to take notice on behalf of the other respondents.
2. The petitioner herein earlier filed W.P.No.41414 of 2016 seeking removal of encroachments in the water body in Survey Nos.246 and 246/1 of Kattupakkam Village in Poonamallee Taluk. In the said writ petition, this Court by order dated 25.11.2016 directed the Commissioner, Poonamallee Municipality, to cause an inspection and remove the encroachments, if any, in accordance with law.
3. In the present writ petition, he seeks to direct the respondents to remove the encroachments on the road poramboke land in Survey Nos.401, 468 and 379 of Kattupakkam Village in Poonamallee Taluk, Thiruvallur District, which are lands adjacent to the lands specified in the earlier writ petition. In this regard, the petitioner has also made a representation to the fourth respondent on 28.11.2016.
4. On hearing the learned counsel, we direct the fourth respondent to consider the grievance of the petitioner, which he has submitted by way of representation, and do the needful in accordance with law within three months from the date of receipt of a copy of this order. If need be, the petitioner can also submit a further detailed representation forthwith.
The writ petition is disposed of accordingly. No costs.
Index : No Internet : Yes sasi (H.G.R., ACJ.) (R.M.D., J.) 17.02.2017 To:
1. The District Collector Tiruvallur District Tiruvallur.
2. The Revenue Divisional Officer Poonamallee Taluk Poonamallee.
3. The Tahsildar Poonamallee Taluk Poonamallee.
4. The Commissioner Poonamallee Municipality Poonamallee.
5. The Chief Engineer State Highways Department HRS Campus 76, Sardar Patel Road Guindy, Chennai-25.
HULUVADI G.RAMESH,ACJ.
AND R.MAHADEVAN,J.
(sasi) W.P.No.3980 of 2017 http://www.judis.nic.in 17.02.2017