D.Selvaraj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2025
CORAM:
THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR D. Selvaraj Petitioner vs.
1.
The District Collector District Collector Office Villupuram District 2.
The Revenue Divisional Officer Revenue Divisional Office Tindivanam Villupuram District 3.
The Tahsildar Melmalaiyanoor Taluk Melmalaiyanur 4.
The Block Development Officer Melmalaiyanoor Taluk Melmalaiyanoor 5.
The Village Administrative Officer Kootapoondi Village Melmalaiyanur Taluk Villupuram District 6.
K. Santhanam 7.
S. Jayaraman Page Nos.1/8
8.
S. Sivaraman 9.
T. Elumalai 10.
S. Sakthi 11.
M. Shanmugam 12.
M. Kumar 13.
C. Sekar 14.
C. Sankar 15.
T. Karthi Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents 1 to 5 to remove the encroachment made by the respondents 6 to 15 in the water canal (odai) in Survey Nos.421,422 and 423 in Roadpalayam Village, Poonchoolai Nagar, Naranamangalam Post, Melmalaiyanur Taluk, Villupuram District and to bring the water canal (odai) to its original form by considering the petitioner's representation dated 08.10.2022.
For petitioner Mr. M. Guruprasad For RR 1 to 5 Mr. T.K. Saravanan Addl. Govt. Pleader - - - - - Page Nos.2/8
ORDER
[made by M.SUNDAR, J.] Captioned 'writ petition' [hereinafter 'WP' for the sake of brevity] has been filed with a Removal of Encroachment (RoE) prayer i.e., to mandamus official respondents to remove encroachments in a water body.
2.
When the captioned WP was listed before Predecessor Hon'ble Division Bench on 06.02.2023, the following proceedings came to be made:
Page Nos.3/8
3.
Today, Mr. M. Guruprasad, learned counsel on record for writ petitioner and Mr. T.K. Saravanan, learned Additional Government Pleader for RR 1 to 5 are before us.
Page Nos.4/8
4.
Adverting to earlier proceedings dated 06.02.2023 made by Predecessor Hon'ble Division Bench, learned State counsel, on instructions, submits that the encroachments have since been removed and a status report of R3 (Tahsildar) being status report dated 28.06.2025 has been filed.
5.
Adverting to paragraph no.5 of status report, learned State counsel submits that T.K. Shanmugam principle vide T.K.Shanmugam Vs. State of Tamil Nadu reported in 2015 (5) LW 397 has been followed with regard to RoE. This submission is recorded. Elaborating on this and explaining paragraph 5 of the status report, learned State counsel submits that after giving an opportunity to the private respondents, orders were made on 12.05.2023 and ultimate RoE was on 05.06.2023.
6.
Recording the stated position of the learned State counsel which has also been placed before us in the form of status report dated 28.06.2025 means that the captioned WP can be given a closure. We do so.
Page Nos.5/8
7.
Captioned WP stands disposed of as closed recording the stated position of the learned State counsel. There shall be no order as to costs.
(M.S., J.) (H.C., J.) 30.06.2025 cad Index: Yes/No N.C.
: Yes/No Page Nos.6/8
To 1.
The District Collector District Collector Office Villupuram District 2.
The Revenue Divisional Officer Revenue Divisional Office Tindivanam Villupuram District 3.
The Tahsildar Melmalaiyanoor Taluk Melmalaiyanur 4.
The Block Development Officer Melmalaiyanoor Taluk Melmalaiyanoor 5.
The Village Administrative Officer Kootapoondi Village Melmalaiyanur Taluk Villupuram District Page Nos.7/8
M.SUNDAR, J.
and HEMANT CHANDANGOUDAR, J.
cad 30.06.2025 Page Nos.8/8