SEKAR REPORTER

Court News from Madras High Court

Directed the respondents to take appropriate action to removal encroachment in the thirikulam situated at manapakkam

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Special Original Jurisdiction)

 

W.P.No.                       of 2023

 

Mr.S.Ramalingam

S/o Sampath

42A, East Tank Street,

Nandampakkam

Chennnai -600089.

…Petitioner

-Vs-

  1. The Secretary to Government

Revenue Department

Secretariat

Chennai – 600009

 

  1. The Secretary to Government

Water Management Department

Secretariat

Chennai – 600009

 

  1. The Commissioner of Revenue Administration

Chepauk

Chennai – 600005

 

  1. The Commissioner of Land Administration

Chepauk

Chennai – 600005

 

  1. The Inspector General of Registrations

100, Santhome Highway

Chennai – 600025

 

  1. The Commissioner

Greater Chennai Corporation

Chennai – 600003

 

  1. The Chairman cum Executive Member

Chennai Metropolitan Development Authority

Chennai – 600008

 

  1. The District Collector

Chennai – 600001

 

  1. The executive Engineer – Zone 12

Greater Chennai Corporation

Alandur, Chennai – 600016

 

  1. The Assistant Engineer

Ward -157, Zone 12,

Greater Chennai Corporation

Manapakkam

Chennai – 600125

 

  1. Sivachandran,

2/245, M.G.Road, Gregori Nagar,

Behind Jamia Masjid, Manapakkam,

Alandur Taluk, Chennai-600 125.

 

  1. Dharmaraj,

2/245, M.G.Road, Gregori Nagar,

Behind Jamia Masjid, Manapakkam,

Alandur Taluk, Chennai-600 125

 

  1. Nataraj,

2/245, M.G.Road, Gregori Nagar,

Behind Jamia Masjid, Manapakkam,

Alandur Taluk, Chennai-600 125

 

  1. Dhanasekar,

2/245, M.G.Road, Gregori Nagar,

Behind Jamia Masjid, Manapakkam,

Alandur Taluk, Chennai-600 125

 

  1. Kanagaraj,

2/245, M.G.Road, Gregori Nagar,

Behind Jamia Masjid, Manapakkam,

Alandur Taluk, Chennai-600 125

 

  1. Ramaraj,

2/245, M.G.Road, Gregori Nagar,

Behind Jamia Masjid, Manapakkam,

Alandur Taluk, Chennai-600 125                                        …Respondents

AFFIDAVIT OF Mr.S.RAMALAINGAM

 

I, Mr.S.Ramalingan, S/o Sampath, Hindu, aged about 55, residing at 42A, East Tank Street, Nandampakkam, Chennai -600089, do hereby solemnly affirm and sincerely state as follows:

  1. I am the petitioner herein and as such I am well acquainted with the facts and circumstances of the case.
  2. I submit that, I have no personal interest in filing the present writ petition and in the event of high court finding the claim as frivolous or vexatious. I am ready to pay the cost. I am filing this petition on my own capacity for Public welfare. This petition is not filed in respect of any civil disputes between the individuals or in Service matter. I also submit that, no such Public Interest Litigation has been filed in this regard to the best of my knowledge and if this Hon’ble Court finds that there is no public interest in this writ petition, I undertake to abide by the orders of this Hon’ble Court including payment of cost. I also submit that, the funds for the Expenses are being met out by me by the financial support rendered by the public in our area who are also similarly affected. The source of knowledge is personal knowledge since I have been watching all the developments in this regard. I am a doing Business, to purchase and sell of Waste papers and Scraps. My monthly income is Rs.15,000/- my PAN Number is ATZPR6415J.
  3. I respectfully submit that I am doing social activities to clean up the water bodies and also I’m a Volunteer of Iyarkai Charitable Trust for the past 3 years.
  4. I respectfully submit that the Pond situated in Survey no. 231, Manappakkam, ward -157, Alandur zone-12, greater Chennai corporation and the abovesaid survey number consists total extent of 0.91 acres and as per the revenue records entire abovesaid pond was existed 0.91 acres and also the entire extent was waterbody. At present the pond currently existing is only 0.61 Acres and the remaining portion was encroached by the respondents 11 to 16 and put up the construction and their house sewage water is mixed up with the above said pond and day by day the mixing of sewage water spoiling the pond water.
  5. I respectfully submit that the above said Iyarkai Charitable Trust has started the cleanup activities in the abovesaid pond in the year 2019 and I’m also fully participated to clean up the abovesaid pond and we have removed the wastage of 30 Tones from the above said pond. After the cleanup of above said pond, the Iyarkai charitable trust has conducted “Kulakkarai Pravesham” and herbal trees were planted by the Iyarkai charitable trust and time to time the trust is maintaining the trees and pond till date. I am continuously participating the above said activities to protect the trees and pond. At present the water level is 6ft depth at the abovesaid pond and the same is spoiling is due to mixing of the sewage water of the respondents 11 to 16. It is pertinent to note that the pond water is helpful for different kinds of birds as drinking water and it is helpful in ground water recharge in the abovesaid pond situated area.
  6. I respectfully submit that respondents 11 to 16 have occupied the waterbody on the southern side and day by day they are continuously dumping the garbage and they don’t have proper sewage facilities and those people have failed to take proper steps to stream line the sewage water channel and the sewage water is continuously mixed with the pond water and continuously damaging the water body by mixing of sewage water and encroachment made on the southern side. It is pertinent to note that the abovesaid respondent 11 to 16 are highly political influenced person.
  7. I respectfully submit that on 09.03.2023 I submitted a detailed representation to the respondents 1 to 10 along with the necessary documents including the revenue records and along with supporting photocopies to take appropriate action against the encroachment made by the respondents 11 to 16 and to take appropriate steps to remove the encroachment made by the respondents 11 to 16 and restore the pond. On 29.03.2023 the 1st respondent sent a letter to the 4th respondent to take appropriate action, but the 4th respondent has not taken any action in this regard till date. Therefore, I am filing this present Writ petition before this Hon’ble Court.
  8. I respectfully submit that I have no other alternative efficacious remedy except to approach this Hon’ble Court under Article 226 of Constitution of India.

GROUNDS

  1. The respondents 1 to 10 have failed to consider the Petitioner’s Representation dated 09.03.2023.
  2. The respondent 1 to 10 ought to have considered the Petitioners Representation and to remove the encroachment made by the respondent 11 to 16 in survey no. 231 on the southern side of the pond.
  3. The respondents 1 to 10 ought to have considered that the petitioner’s representation and to prevent the sewage water mixed with the pond water.
  4. The respondents 1 to 10 have failed to be considered that as per the revenue record the abovesaid pond situated in survey no.231 and the respondents 11 to 16 have encroached the waterbody on the southern side and constructed the house and they are doing illegal activities by way of mixing the sewage water with the pond water.
  5. The respondents 1 to 10 ought to have to restore the waterbody situated in survey no: 231, consists of 0.61 acres.
  6. I respectfully submit that at present the above said pond is having 6feet depth of water and the same is spoiling pond water due to the mixing of sewage water of the respondents 11 to 16. But the respondents 1 to 10 have not taken any proper steps to prevent the sewage water mix with the pond water till date. Hence if this Hon’ble Court does not given interim direction to the respondents 1 to 10 to take proper steps to prevent the mixing of sewage water and it will be caused irreparable loss and hardship to ecological balance system.

It is therefore prayed that this Hon’ble Court may be pleased to pass an interim direction directing the respondents 1 to 10 to take proper effective steps to prevent the mixing of sewage water of the respondents 11 o 16 into the pond water, pond situated in Survey no. 231,  Manappakkam, ward 157 , Alandur zone 12, Greater Chennai Corporation, Chennai – 600 125 and thus render justice.

It is therefore prayed that this Hon’ble Court may be pleased to issue appropriate order or directions more particularly Writ of Mandamus directing the respondents 1 to 10 to remove the Encroachment made by the respondents 11 to 16 in the south side of Pond situated in Survey no. 231,  Manappakkam, ward 157 , Alandur zone 12, Greater Chennai Corporation, Chennai – 600 125 within a  stipulated time as fixed by this Hon’ble Court and pass such further or other order or orders as this Hon’ble Court may deem fit and proper on the facts and circumstances of the case and thus render justice.

 

Solemnly affirmed on this                                                      the day of 17th April 2023 at Chennai and  signed his name in my presence.

 

                 BEFORE ME

 

ADVOCATE, CHENNAI

 

 

 

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