1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :: 11.02.2011 CORAM :: THE HONOURABLE MRS. JUSTICE CHITRA VENKATARAMAN AND THE HONOURABLE MR. JUSTICE R. SUBBIAH W.P.(MD)No.1647 of 2011 V. C. Sundherarajan, S/o. Mr. R. Chidambaram, No.23, Ascon Residency, Sastri Road, Thillai Nagar, Trichy District. ....... Petitioner - Vs - 1. The Commissioner, Tiruchirappalli City Municipal Corporation, Tiruchirappalli. 2. The Assistant Commissioner, Ko. Abishekapuram Division, Tiruchirappalli City Municipal Corporation, Tiruchirappalli. 3. The Superintending Engineer, PWD, RC (River Conservation Department), Court Premises, Trichy - 1. 4. Mr. N. Bimal Chand Jain, S/o. B. Nemi Chand Jain, Proprietor of Jewel Garden, Malligai Salai, Annamalai Nagar, Trichy - 18. ..... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the proceedings of the second respondent in Na.Ka.No.11173/2010/F1 dated 07.12.2010 and quash the same and consequently direct the respondent to maintain the channel situate at Tiruchirappalli District, Tiruchirappalli Taluk, Chinthamani Revenue Village, Thiruthanthoni Village, Annamalai Nagar in Old Ward "B" New Ward G, Block No.16, T.S.No.9, free from encroachment. https://hcservices.ecourts.gov.in/hcservices/ 2 For Petitioner :: Ms. J. Maria Roseline For Respondents :: Mr. R. Janakiramulu for R-1 to R-3 Special Government Pleader - - - - - - - O R D E R (Order of the Court was delivered by CHITRA VENKATARAMAN, J.) The petitioner filed this writ petition for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the proceedings of the second respondent in Na.Ka.No.11173/2010/F1 dated 07.12.2010 and quash the same and consequently direct the respondent to maintain the channel situate at Tiruchirappalli District, Tiruchirappalli Taluk, Chinthamani Revenue Village, Thiruthanthoni Village, Annamalai Nagar in Old Ward "B" New Ward G, Block No.16, T.S.No.9, free from encroachment. 2. On the representation made by the petitioner that the fourth respondent had encroached upon the channel, which was running close to the petitioner's property, the Second Respondent / Assistant Commissioner measured the lands of the petitioner as well as the fourth respondent and found that there was no encroachment near the channel by the fourth respondent. 3. Learned counsel for the petitioner submitted that on account of encroachment made, during rainy season the channel gets fully flooded, preventing the petitioner from using the property profitably. 4. Whatever be the allegations the petitioner have as against the fourth respondent, going by the letter communicated to the counsel for the petitioner by the second respondent dated 07.12.2010 that there was no encroachment by the fourth respondent in the channel, the proper course open to the petitioner is to make a representation bringing to the attention of the authorities concerned as regards the necessity of keeping free flow of water in the channel. In the circumstances, we do not find any merit in this writ petition. 5. Therefore, this writ petition is dismissed. However, there will be no order as to costs. Sd- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To: 1. The Commissioner, Tiruchirappalli City Municipal Corporation, Tiruchirappalli. 2. The Assistant Commissioner, Ko. Abishekapuram Division, Tiruchirappalli City Municipal Corporation, Tiruchirappalli. 3. The Superintending Engineer, PWD, RC (River Conservation Department), Court Premises, Trichy - 1. +One CC to M/s..Sri Balaji, Advocate, SR.No.8847 +One Cc to The Spl. Govt. Pleader, SR.No.8557 Dpn rl/6c – 8.3.2011 W.P.(MD)No.1647 of 2011 11.02.2011 https://hcservices.ecourts.gov.in/hcservices/