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WP.No.25298 of 2024 In the High Court of Judicature at Madras Dated : 05.2.2025
Coram : The Honourable Mr.Justice N.ANAND VENKATESH Writ Petition No.25298 of 2024 1.Vijayalakshmi 2.Nandhine.J. 3.Jayavanthi.J 4.Vedhika.P.J. ...Petitioners Vs 1.The State of Tamil Nadu, rep. by its Secretary to Government, Municipal Administration & Water Supply Department, Fort St.George, Chennai-9. 2.The Collector, Chengalpattu District, Chengalpattu-603001. 3.The Revenue Divisional Officer, Chengalpattu District, Chengalpattu-603001. 4.The Tahsildar, Chengalpattu District, Chengalpattu-603001. 5.The Municipal Commissioner, No.28, Muthuranga Mudali Street, Tambaram, Chennai-45. (suo motu impleaded as per order dated 17.12.2024 by PTAJ) ...Respondents PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus to direct the second 1/6 https://www.mhc.tn.gov.in/judis
WP.No.25298 of 2024 respondent to act on the recommendation made by the fourth respondent in proceeding No.Na.Ka.5938/2005 dated 29.10.2005 and further recommendation made by the third respondent in Mu.Mu.8405/ 2005 dated 24.11.2005 within a time frame fixed by this Court. For Petitioners : Mr.Abbudu Kumar Rajarathnam, SC Mr.S.Ashok Kumar For R1 to R4 : Mr.A.Selvendran, SGP For R5 : Mr.P.Srinivas, Standing Counsel
ORDER This writ petition has been filed for the issuance of a Writ of Mandamus directing the second respondent to act on the recommendation made by the fourth respondent through proceedings dated 29.10.2005 and the further recommendation made by the third respondent vide communication dated 24.11.2005 within the time frame fixed by this Court. 2. Heard the learned Senior Counsel appearing on behalf of the petitioners, the learned Special Government Pleader appearing for respondents 1 to 4 and the learned Standing Counsel appearing for the fifth respondent. 2/6 https://www.mhc.tn.gov.in/judis
WP.No.25298 of 2024
3. The grievance expressed by the petitioners is that they were the owners of the properties in S.Nos.1975/1 and 1975/2. The property in S.No.1975/2 was acquired and a pumping station was proposed to be established in S.No.1975/2. Instead, the pumping station was established in S.No.1975/1 and thereby the petitioners have been deprived of using both the properties. Under such circumstances, a representation was made before the second respondent, pursuant to which, an inquiry was conducted by the fourth respondent. 4. The fourth respondent, vide proceedings dated 29.10.2005, made the following recommendations :
"vdNt> Gy vz;.1975/2 - y; cs;s 1.14.5 n`f;Nlhpy; ghij Nghf (0.03.0 n`f;Nlh; Nghf) kPjp cs;s 1.11.5 n`f;Nlh; Gyj;ij kDjhuh;fs; ngaUf;Fk; Gy vz;.1975/1 - y; mike;Js;s jhk;guk; ePh; Vw;W epiyak; mjd; gzpahsh; FbapUg;G Mfpait Nrh;j;J 1.11.5 n`f;Nlh; epyj;ij jhk;guk; ePh; Vw;W epiyaj;jpw;F muR tpjpfSf;F cl;gl;L khw;wk; nra;ayhk; vd ghpe;Jiu nra;fpNwd;."
5. It is seen from the records that the third respondent also 3/6 https://www.mhc.tn.gov.in/judis
WP.No.25298 of 2024 made the recommendation through proceedings dated 24.11.2005, the relevant portions of which are extracted as hereunder : 'vdNt> Gy vz;.1975/2 - y; cs;s 1.14.5 n`f;Nlhpy; ghij Nghf (0.03.0 n`f;Nlh; Nghf) kPjp cs;s 1.11.5 n`f;Nlh; Gyj;ij kDjhuh;fs; ngaUf;F Gy vz;. 1975/1 - y; mike;Js;s jhk;guk; ePh; Vw;W epiyak; mjd; gzpahsh; FbapUg;G Mfpait Nrh;j;J 1.11.5 n`f;Nlh; epyj;ij jhk;guk; ePh; Vw;W epiyaj;jpw;F muR tpjpfSf;F cl;gl;Lk; jkpo;ehL FbePh; tbfhy; thhpak; mth;fspd; ,irtpidAk; ngw;Wk; khw;wk; nra;ayhk; vd gzpTld; Nfl;Lf; nfhs;fpNwd;."
6. In spite of the above recommendations, no further action was initiated. Aggrieved by that, the petitioners have come forward with this writ petition. 7.
When the matter is taken up for hearing today, both the learned Special Government Pleader appearing for respondents 1 to 4 as well as the learned Standing Counsel appearing for the fifth respondent submit that the pumping station will be shifted from S.No.1975/1 to S.No.1975/2 and that six months' time is required since the present pumping station is in existence for decades together. 4/6 https://www.mhc.tn.gov.in/judis
WP.No.25298 of 2024
8. In the light of the above stand taken by the respondents, the writ petition is disposed of and a direction is issued to the respondents to shift the pumping station from S.No.1975/1 to S.No.1975/2 in line with the recommendations of respondents 3 and 4, which have been extracted supra. The entire process shall be completed within a period of six months from the date of receipt of a copy of this order. No costs. 05.2.2025 To 1.The State of Tamil Nadu, rep. by its Secretary to Government, Municipal Administration & Water Supply Department, Fort St.George, Chennai-9. 2.The Collector, Chengalpattu District, Chengalpattu-603001. 3.The Revenue Divisional Officer, Chengalpattu District, Chengalpattu-603001. 4.The Tahsildar, Chengalpattu District, Chengalpattu-603001. 5.The Municipal Commissioner, No.28, Muthuranga Mudali Street, Tambaram, Chennai-45. RS 5/6 https://www.mhc.tn.gov.in/judis
WP.No.25298 of 2024 N.ANAND VENKATESH,J RS W.P.No.25298 of 2024 05.2.2025 6/6 https://www.mhc.tn.gov.in/judis