Madras High CourtWP/12699/2025disposed of

J Krishnamoorthi v. The District Collector

2025-06-19Honourable The Chief Justice,Honourable Mr.Justice Sunder Mohan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2025 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN W.P.No.12699 of 2025 J Krishnamoorthi S/o. Jeyaraman No. 1/57 Kannagi 2nd Street, Korattur, Chennai-600 005 Petitioner Vs

1. The District Collector O/o. The District Collectorate,

2. The Revenue Divisional Officer O/o Jurisdictional Divisional Monitoring Committee

3. The Block Development Officer O/o Block Development Office, Vanapuram Talk,

4. The Tasildhar, O/o. Tasildhar, Vanapuram Talk,

5. The Village Administrative Officer Pazhaya Siruvangur Village, Vanapuram Talk,

6. The Assistant Engineer Water Resource Development Department,

7. Dhandapani S/o. Dayalan Pazhaya Siruvangur Village, Vanapuram Taluk, Kallakurichi Dsitrict Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondent Nos.1 to 6 to remove the encroachments made by the 7th respondent in the lands comprised in S.Nos.274, 275/3, 279/4, 283/1, 283/4, 285, 286/4, 287, 291, 292/3, 293 294 296/1, 298, 300/2, 302, 303/2A, 304/1A, 305/1B situated at Pazhaya Siruvangur village, Vanapuram Taluk, Kallakurichi District based on the petitioner's representation dated 21.12.2024.

For Petitioner:

Mr.Aravind Raj . S For Respondents:

Mr. A.Edwin Prabhakar State Government Pleader assisted by Mr.M.Habeeb Rahman Government Advocate for respondent Nos.1 to 6

ORDER

(Order of the Court was made by Sunder Mohan, J.) This writ petition has been filed by the petitioner for issuance of a writ of mandamus directing respondents 1 to 6 to remove the encroachments made by the seventh respondent in the lands comprised in Survey Nos.274, 275/3, 279/4, 283/1, 283/4, 285, 286/4, 287, 291, 292/3, 293, 294, 296/1, 298, 300/2, 302, 303/2A, 304/1A, 305/1B situated at Pazhaya Siruvangur Village, Vanapuram Taluk, Kallakurichi District.

2. Respondent No.4 has sworn to an affidavit dated 18.06.2025, in which he has stated that the subject-mentioned lands in Survey Nos.274,

275/3, 283/1, 283/4, 285, 287, 296/1, 298, 300/2, 302, 303/2A, 304/1A and 305/1B are classified as Odai, lake catchment area, Pond, Well and Canal; that the remaining S.Nos.279/4, 286/4, 291, 292/3, 293 and 294, in which there are encroachments, are classified as 'Pathai', 'Darisu', and 'Kallanguthu', which fall under the control of the revenue department; that as regards the encroachments, falling under the control of the revenue department, notices under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 were issued to the respective encroachers on 03.06.2025; that notices were duly served on 12.06.2005; and that further action would be taken to remove the encroachments.

3. As regards the encroachments in the lands classified as water bodies, as stated above, Mr.A.Edwin Prabakar, learned Government Pleader submitted that action would be taken forthwith by respondent No.6. The statement of learned Government Pleader is treated as an undertaking of respondent No.6. Hence, respondent Nos.1 to 6 are granted eight weeks' time to remove the encroachments which are found in the subject lands.

4. The writ petition is disposed of with the above direction. There shall be no order as to costs.

(K.R.SHRIRAM, CJ.) (SUNDER MOHAN, J.) 19.06.2025 Index :

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