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Madras High CourtWP/12222/2025disposed of

S.Mani v. The District Collector

2025-06-19Honourable The Chief Justice,Honourable Mr.Justice Sunder Mohan5 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.12222 of 2025 S.Mani S/o.Sivanantham, No.196/B, Kullakarai Street, Attarambakkam Village, Odappai Post, Uthukottai Taluk, Tiruvallur District- 602 023.

Petitioner Vs

1. The District Collector Tiruvallur District, Tiruvallur.

2. The Revenue Divisional Officer Tiruvallur District, Tiruvallur.

3. The Tahsildar Uthukottai Taluk, Uthukottai, Tiruvallur District.

4. The Block Development Officer Poondi Panchayat Union, Poondi, Tiruvallur Taluk and District.

5. The Executive Engineer Public Works Department, Opposite Government Hospital, Tiruvallur, Tiruvallur District.

6. The Assistant Engineer Water Resources Organization, Irrigation Division, Poondi, Tiruvallur Taluk and District.

7. Lalitha W/o. Rosiwadan, Ex- President, Atrambakkam Village Panchayat, Odppai Post, Uthukottai Taluk , Tiruvallur District.

8. S.Gnanamuthu S/o.Sriramulu, Panchayat Union Council Member Atrambakkam Village, Odappai Post, Uthukottai Taluk, Tiruvallur District.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 6 to take necessary action for removing encroachment made by the respondents 7 and 8 in the water bodies Government promboke land situated in S.Nos. 133/2, 110/2, 138/3 and 139/1B, Attarmbakkam Village, Odappai Post,

Uthukottai Taluk, Tiruvallur District.

For Petitioner:

Ms.P.Dhaarani for Mr.C.Prakasam For Respondents:

Mr.J.Ravindran Addl. Advocate General assisted by Mr.M.Habeeb Rahman Government Advocate for respondent Nos.1 to 6

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Learned Additional Advocate General, relying on a counter-affidavit filed by respondent No.3, through one Mr.A.Rajesh Kumar, affirmed on 19th June, 2025, states all encroachments will be removed. Learned Additional Advocate General states petitioner himself is an encroacher and notices have also been issued on 18th June, 2025 under the relevant provision for removal of encroachments.

2. We dispose of the petition with a direction that all encroachments shall be removed within eight weeks, after following the due process. If

petitioner is an encroacher, the removal shall start with petitioner. There shall be no order as to costs.

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

Yes/No :

Yes/No bbr To:

1. The District Collector Tiruvallur District, Tiruvallur.

2. The Revenue Divisional Officer Tiruvallur District, Tiruvallur.

3. The Tahsildar Uthukottai Taluk, Uthukottai, Tiruvallur District.

4. The Block Development Officer Poondi Panchayat Union, Poondi, Tiruvallur Taluk and District.

5. The Executive Engineer Public Works Department, Opposite Government Hospital, Tiruvallur, Tiruvallur District.

6. The Assistant Engineer Water Resources Organization, Irrigation Division, Poondi, Tiruvallur Taluk and District.

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

bbr W.P.No.12222 of 2025 19.06.2025