C.Thamizharasi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P.No.23847 of 2025 C.Thamizharasi, W/o.Sivasakthi, No.4/115, Mela Veethi, Jarugu, Nallampalli Panchayat Union, Petitioner Vs 1.The District Collector District Collectorate, Dharmapuri & District.

2.The Block Development Officer, Nallampalli Panchayat Union, 3.The Tahsildar, Nallampalli, 4.The Village Administrative Officer, Maniyatha Halli,

5.Lakshmi 6.Suresh Krishan 7.Shanmugam Veerappan 8.Sivakumar Veerappan 5 to 8 are residing at Mela Veethi, Jarugu Village, Nallampalli Panchayat Union Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 and 2 to remove the encroachment made by the respondents 5 to 8 in the waterbodies in S.No.174/1 at Jarugu Village, Dharmapuri District, subsequently to take action against the respondents 3 and 4 as per the petitioner's representation dated 4.4.2025. For Petitioner:

Mr.M.Thamizhavel For Respondents:

Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.M.Habeeb Rahman Government Advocate for respondent Nos.1 to 4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the parties.

2. Without having waited for reasonable period after filing of the representation, the petitioner has rushed to file this petition seeking issuance of a direction to remove the encroachment allegedly made by respondent Nos.5 to 8 on the waterbody in Survey No.174/1 at Jarugu Village, Dharmapuri District.

3. In our view, the petitioner ought to have waited for reasonable time and, if no action is taken, then only she can file a petition. Be that as it may, we are inclined to dispose of the petition at this stage with a direction to respondent No.3 to verify the complaint/ representation and act in accordance with law by removing the encroachment, if any, at the spot, after affording an opportunity of hearing to respondent Nos.5 to 8. The exercise should be completed within a period of three months.

4. Petition is, accordingly, disposed of. There shall be no order as to costs.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 30.07.2025 Index :

Yes/No :

Yes/No bbr To:

1.The District Collector District Collectorate, Dharmapuri & District.

2.The Block Development Officer, Nallampalli Panchayat Union, 3.The Tahsildar, Nallampalli, 4.The Village Administrative Officer, Maniyatha Halli,

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

bbr W.P.No.23847 of 2025 30.07.2025