Plea challenging order on water body dismissed
Plea challenging order on water body dismissed
CHENNAI: The Madras High Court has dismissed an application seeking to review its earlier order passed in January this year with r..

CHENNAI: The Madras High Court has dismissed an application seeking to review its earlier order passed in January this year with regard to protection of a water body and land adjacent to a temple in Peravallur.Originally, V Karunakaran, president of the GKM Colony Consumer Protection Council, filed a writ petition seeking a direction to the authorities to protect the lake adjoining Sri Muthumariamman temple by constructing a parapet wall around it. He also alleged encroachment of land by the temple and wanted its reclamation.The court in January had accepted a submission made by the temple counsel that the temple had occupied only 400 sq.feet of land and it had nothing to do with the rest of the land. The court then directed the TN Slum Clearance Board, the orginal owner of the land, to take steps to remove the encroachment and take over the property.It is against this order that the present review application was filed. On being questioned, the applicant’s counsel said although there was no error in the order, the fact remained that the application was filed by an association consisting of ex-servicemen and they had approached the authority for allotment of land, which had been allotted and some members had already been given houses.The First Bench comprising the Chief Justice M Y Eqbal and Justice T S Sivagnanam observed that from a perusal of the letter dated September 20, 1977, it appeared that the allotment had been made in respect of a different land and not in respect of the land in question, which was indisputably, a water body. There was no reason to review the order, the bench said and dismissed the review petition.

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