ORDER

(made by S. VAIDYANATHAN, J.)

This writ petition has been filed seeking a writ of mandamus directing the respondents 1 to 6 to take action against the respondents 7 and 8 for altering the physical features and encroaching the water channel in S.No.24, Tharapakkam Village, Pallavaram Taluk, Kanchipuram District and for violating the conditions incorporated in the layout plan approval order in PPD/L.O. No.20 of 2015 in Lr.No.L1/16431/2014 dated 08.06.2015 issued by the respondents 4 and 5, by considering the petitioner's representation dated

02.10.2017.

2 In order to enable this Court to give a quietus to this case, vide order dated 28.07.2023, this Court appointed Mr. Sharath Chandran, learned counsel, as Advocate Commissioner, to inspect the aforesaid alleged area of encroachment in the presence of the parties along with Revenue officials, take videograph and photographs and file a report, in pursuance whereof, he has filed his report dated 07.09.2023, which, for the sake of ease of reference, is extracted below:

REPORT OF THE ADVOCATE COMMISSIONER “1. The undersigned was appointed as the Advocate Commissioner vide order dated 28.07.2023, to inspect the alleged encroachment on the water channel at Survey no 24, Tharapakkam Village, Pallavaram Taluk, Kanchipuram District. The order &warrant of commission are enclosed as Annexures C1 and C2.

2. The undersigned had issued notice to Mr N.

Manokaran, learned counsel for the petitioner (ii) Tahsildar, Pallavaram Taluk (iii) Tahsildar, Kundrathur Taluk (iv) the Executive Engineer, Public Works Department, Kanchipuram (v) the Executive Engineer, Public Works Department, Thiruvallur District (vi) M/s. Ashok Nandavanam Properties Pvt. Ltd (vii) M/s. Colorhomes Developers Pvt. Ltd. fixing the date of inspection on 02.09.2023 at 10:30 A.M. The notice of inspection and dispatch receipts are enclosed as Annexure C3.

3. On 02.09.2023, the water body/odai at Survey No 24, Tharapakkam Village, Pallavaram Taluk, was inspected in the presence of the following persons (i) Mr. R. Sivakumar, the petitioner herein (ii) R. Sathiesh Kumar, AE/ Water Resources Department (iii) Mr. Karthikeyan Vivekanandan, Firka Surveyor, (iv) Mr. M. Velmurugan, VAO, (v) Mr. A. Jai Chandran, AGM (IT), VGN Homes Pvt Limited (vi) Mr A. Sathiyamurthy, Manager, Ashok Nandavanam Properties Limited.

OBSERVATIONS

1. The odai at Survey No 24, Tharapakkam Village, Pallavaram Taluk was physically inspected by me with the assistance of Mr.Karthikeyan Vivekandan, the Firka surveyor and the VAO, Mr. M. Velmurugan. The FMB Sketch of Survey No. 24 is enclosed as Annexure C4.

2. The odai runs through Survey Nos 257/1A, 257/1B, 258, 259 and 260 on the southern side and Survey Nos 23, 18/2A and 18/2C on the northern side where construction activities are currently underway by VGN Constructions Private Limited. The odai also flows between Survey No 17, which belongs to the petitioner and Survey No 262 which belongs to the 7th respondent herein.

3. Upon physical inspection, it was noticed that the revenue authorities have fixed boundary stones on either side of the Odai which corresponds to the width of the water channel in the F.M.B. sketch. It was seen that freshly excavated mud had been dumped to an extent of about .7 meters to 1.2 meters from the boundary stones on either side between Survey Nos 257/1A, 257/1B, 258, 259 on the southern side and Survey Nos 23, 18/2A and 18/2C on the northern side (Photographs enclosed as Annexure C5). 4. That apart, the water channel has been completely obliterated at a point (marked F in the FMB Sketch) between Survey nos. 18/2C on the northern side and Survey No 260 on the southern side by an intended bridge which is being presently constructed (Photographs enclosed as Annexure C6). As a temporary measure, a small channel of about 1-meter width has been dug around the bridge to connect the two ends of the Odai (Photographs enclosed as Annexure C7). I enquired from the Assistant Engineer,Water Resources De