The first bench, comprising Chief Justice Sanjay Kishan Kaul and Justice T S Sivagnanam, ordered summoning the Principal Secretary of Housing Department in the court on October six.
The court said it would order the Chief Secretary to be present in the court if the Principal Secretary was unable to give a convincing reply on the encroachment issue, on a PIL by Kasturba Nagar and Indira Nagar Residents Welfare Forum seeking removal of encroachments along Canal Bank Road along Buckingham canal.
The petitioners submitted that "these encroachments are not hamlets with slum-dwellers. Rather, it is a stretch of semi-concrete and concrete buildings with plenty of commercial establishments. Due to dumping of garbage by the encroachers, the canal is clogged and the storm water drain is not able to serve the purpose in monsoon, they submitted.
Despite acknowledging the fact that the area was encroached, authorities are not willing to take any action to remove them in spite of repeated representations by them, the Forum submitted.
"Since the authorities seem to be incapable of resolving the issue themselves and the matter forms part of the domain of administrative exercise, we are inclined to direct the personal presence of the Chief Secretary of Tamil Nadu."
When the Additional Government Pleader submitted that the matter is actually pending with the Principal Secretary, Housing and Urban Development Department, the bench said "we thus direct the personal presence of the Principal Secretary on the next date of hearing. If he is also not capable of giving solution, the next step would be to have the personal presence of the Chief Secretary " and adjourned the case to October 6 for further proceedings.
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