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Madras High CourtWP/15692/2025disposed of

R.Periyasamy v. The District Collector

2025-07-31Honourable The Chief Justice,Honourable Mr.Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN R.Periyasamy .. Petitioner -vs1. The District Collector,

2. The Assistant Engineer, Department of Water Resource Management, Public Works Department, Gomukhi Dam Division, Chinna Salem Taluk,

3. The Tahsildar, Office of Tahsildar, Chinna Salem (TK), 4.The Village Administrative Officer, Chinna Salem Taluk,

5. Natarajan .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 3rd respondent/Tahsildar to remove encroachment in the Government poramboke on the natural stream located in Survey No.20/3, 21/3 and 20/4 at Malliyampadi Village, Chinnasalem Taluk, Kallakuruchi District with due process of law within the time stipulation as prescribed by this Court. For Petitioner :

Mr.R.Naveen for Mr.R.Ramyha Thiyarathi For Respondents :

Mr.A.Edwin Prabakar State Govt. Pleader Asst. by Mr.M.Habeeb Rahman, Govt. Advocate for RR 1 to 4 :

Mr.L.Santhosh Kumar for R-5 * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This public interest litigation seeks a direction for removal of encroachment.

2. From the two status reports filed by the official respondents, it is apparently clear that various surveys have been conducted, show cause notices issued and proceedings are still pending consideration.

3. In that view of the matter, we are not inclined to keep this petition pending and dispose of the same giving liberty to the authorities to pass appropriate orders in accordance with law. If anyone is aggrieved by the said order, it will be open for them to take such a remedy as may be available to them under the law. There shall be no order as to costs.

(MANINDRA MOHAN SHRIVASTAVA, CJ.)(SUNDER MOHAN, J.) 31.07.2025 Index : Yes/No : Yes/No sra To

1. The District Collector,

2. The Assistant Engineer, Department of Water Resource Management, Public Works Department, Gomukhi Dam Division, Chinna Salem Taluk,

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN , J.

(sra)

3. The Tahsildar, Office of Tahsildar, Chinna Salem (TK), 4.The Village Administrative Officer, Chinna Salem Taluk, 31.07.2025