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2018 DIGILAW 4522 (MAD)

V. B. R. Menon, Advocate v. Principal Secretary to Govt. of TN. Public Works & Water Resources Dept. Fort St. George Secretariat, Chennai

2018-12-17

M.VENUGOPAL, S.VAIDYANATHAN

body2018
JUDGMENT : S. Vaidyanathan, J. This Court passed an Interim Order in the present Writ Petition, identifying 64 Encroachers, as pointed out by the Respondents and this Court has recorded the same on 20.01.2017. 2. According to Mr.V.B.R.Menon, Party-in-Person, there are several encroachers and Manapakkam Water Channel has to be restored and Ms. Narmada Sampath, Learned Additional Advocate General would submit that certainly, encroachment has to be removed. 3. Since this Court has already identified 64 encroachments, it is unfortunate that nearly two years had gone by, the encroachments have not been removed. In the event of any person, approaching the Authority or the Court, the Order mentioning the removal of encroachment and the order passed by this Court dated 20.01.2017 must also be referred to and the Authorities, who deal with the matter shall ensure that the electricity disconnection is ordered and is in force. This will ensure that this Court is aware of the earlier order and the persons approaching this Court do not deceive the Court to get orders. If required, water supply can also be disconnected for the purpose of coercive action of eviction. 4. The Apex Court has repeatedly held that Open Space Reservation (OSR) and Water Bodies cannot be encroached and the encroached persons cannot be shown any indulgence. 5. Call the matter on 10.01.2019 for filing status-report, regarding compliance.