Vaidyanathan Advt: “Hon’ble Madras High court has dismissed PIL on Lake encroachments which was filed during tenure of Hon ble Sanjay Kaul then CJ. if the policy changes like this who do we approach to make the government act on illegalities. And what is other legal remedy for such issues”? [1/30, 10:58] Sekarreporter1: W.P.No.2291 of 2017 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.01.2021 CORAM : THE HON’BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.2291 of 2017 S.Vaidyanathan .. Petitioner Vs. 1. The District Collector Kanchipuram District Tamilnadu. 2. The Revenue Divisional Officer Tambaram, Chennai – 45.

[1/30, 08:44] Vaidyanathan Advt: “Hon’ble Madras High court has dismissed PIL on Lake encroachments which was filed during tenure of Hon ble Sanjay Kaul then CJ. if the policy changes like this who do we approach to make the government act on illegalities. And what is other legal remedy for such issues”?
[1/30, 10:58] Sekarreporter1: W.P.No.2291 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.01.2021
CORAM :
THE HON’BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.2291 of 2017
S.Vaidyanathan .. Petitioner
Vs.
1. The District Collector
Kanchipuram District
Tamilnadu.
2. The Revenue Divisional Officer
Tambaram, Chennai – 45.
3. The Executive Engineer (PWD) WRD
Lower Palar Basin
Kanchipuram District
Kanchipuram.
4. The Tahsildar
Tambaram Taluk
Chennai – 45.
5. Sunil Jayaram .. Respondents
(Impleaded vide order dated 5.7.2018
made in W.M.P.No.8435 of 2017)
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[1/30, 10:59] Sekarreporter1: W.P.No.2291 of 2017
Prayer: Petition filed under Article 226 of the Constitution of India for
issuance of a writ of Mandamus directing the respondents to repossess
the government lands abutting and forming part of the Chitlapakkam
Lake from illegal occupants and restore the lake and its foreshore and
basin and overflow canals to its original extent and size as shown in
Government records, and maintain it properly, to ensure sufficient
storage in the lake to cater to potable water needs for thousands of
residents in the locality and prevent overflowing and flooding of
approved layouts in the area during times of monsoon.
For Petitioner : Mr.V.Sundarraman
For Respondents : Mr.V.Jayaprakash Narayanan
State Government Pleader
for respondents 1 to 4
No appearance
for 5
th
respondent
ORDER
(Order of the Court was made by the Hon’ble Chief Justice)
In the light of the recent orders of this Court pertaining to
complaints regarding waterbodies and public land being carried by way
of public interest litigation to this Court, the petitioner in this case is
left free to approach the local authorities with a written representation.
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[1/30, 10:59] Sekarreporter1: W.P.No.2291 of 2017
2. The local authorities will consider such representation and
respond to the same by a speaking order within three weeks from the
date of receipt thereof. The authorities are reminded that it is the
bounden duty of every functionary of the State to protect a waterbody
and to ensure that there is no encroachment on public land and no
discharge of any effluents into any flowing water, including into sea.
In the event the petitioner is aggrieved by the response or the inaction
of the appropriate authorities, the petitioner will be entitled to pursue
the petitioner’s remedies in accordance with law, but otherwise than
by way of a public interest litigation.
W.P.No.2291 of 2017 is disposed of without any order as to
costs. Consequently, W.M.P.No.19565 of 2020 is closed.
(S.B., CJ.) (S.K.R., J.)
27.01.2021
Index : Yes/No
sasi
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