The central legal point established in the judgment is the authority of the court to direct the inspection and removal of unauthorized constructions that block water courses and cause public harm.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the Respondents 1 to 3 to take action in accordance with law by demolishing the unauthorized and illegal constructions put up over the Eri in Survey Nos.242 & 246/1 and its Water Courses in Kattupakkam Village, Poonamallee Taluk, Tiruvallur District, either by Respondents 4 & 5 or any other person(s), within a time frame fixed by this Court.)

V.M. Velumani, J.

1. The petitioner has come out with the present Writ Petition for a direction to the respondents 1 to 3 to take action in accordance with law by demolishing the unauthorized and illegal constructions put up over the Eri in Survey Nos.242 & 246/1 and its Water Courses in Kattupakkam Village, Poonamallee Taluk, Tiruvallur District, either by respondents 4 & 5 or any other persons, within a time frame fixed by this Court.

2. This Court on 10.03.2023, directed Mr.P.Gurunathan, learned Additional Government Pleader to get instructions from the respondents 1 to 3 with regard to present state of affairs. As per the order of this Court dated 10.03.2023, today Mr.P.Gurunathan, learned Additional Government Pleader appearing for respondents 1 to 3, filed report of the Tahsildar, Poonamallee Taluk, dated 22.03.2023.

3. Heard the learned counsel appearing for the petitioner, learned Additional Government Pleader appearing for respondents 1 to 3, learned counsel appearing for 4th respondent as well as the learned counsel appearing for the 5th respondent and perused the entire materials on record.

4. The learned counsel appearing for the petitioner submitted that Survey Nos.242 & 246/1 are classified as Eri Poromboke. Many people including the 5th respondent have encroached the Eri and have put up unauthorized construction without any approval and building permission, blocking water channel, through which rain water goes to the Eri. During heavy rains, due to the encroachment and unauthorized construction blocking water course, Murugapillai Nagar, MSS Nagar, Indrani Nagar, Police Quarters of Kattupakkam Village, Poonamallee Taluk and nearby area are flooded, affecting the normal life of general public and causing health hazard. The petitioner gave a representation dated 04.11.2017 to the respondents 1 to 3 for removal of the encroachment made by the 5th respondent and others. The respondents 1 to 3 did not take any action. Further, the petitioner has stated that he obtained information under Right To Information Act, 2005, from the 2nd respondent that till 2004, the Survey No.242 was classified as Kulam Poromboke. In the year 2010, patta was granted to 4th respondent BSNL. But, as on date, there is no building belonging to 4th respondent.

5. The learned counsel appearing for the 4th respondent submitted that as per G.O.Ms.No.1789, Revenue Department, dated 18.08.1979, the Government of Tamil Nadu transferred the land measuring 40 cents in Survey No.242 of Kattupakkam Village, Poonamallee Taluk, Tiruvallur District to the Government of India, Ministry of Communications on payment of land cost. After formation of BSNL on 01.10.2000, the said land was transferred to the 4th respondent BSNL by the Ministry of Communications. Subsequently, on 29.12.2004, patta was granted to the 4th respondent BSNL. The 4th respondent has put up Mobile Tower in the said land and other than the Mobile Tower, there are no other building in 40 cents of the land.

6. The learned counsel appearing for the 5th respondent submitted that the 3rd respondent Municipality permitted the 5th respondent to use the Survey No.246/1 as passage from their Theater to reach the nearby street and subsequently, on 15.06.2016, the 5th respondent has surrendered the Survey No.246/1 to the 3rd respondent Municipality. As on date, the 5th respondent is not having any construction or the 5th respondent is not using the Survey No.246/1 as pathway to reach the nearby street. He further submitted that no