Sathish Sundar v. The Director Of Municipal Administration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2025 CORAM :
THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P. No.31778 of 2025 Sathish Sundar .. Petitioner vs 1.The Director of Municipal Administration Directorate of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai.
2.The Chairperson/The District Collector, District Monitoring Committee for Identifying and Evicting Encroachments in water bodies and other Govt.lands, District Collectorate,Salen - 636 001 3.The Chairperson/The Revenue Divisional Officer Divisional Monitoring Committee for identifying and evicting encroachments in water bodies and other govt. lands, Revenue Divisional Office, Jahir Ammapalayam Road, Suramangalam (PO), Salem - 636 005.
4.The Assistant Director (Town Panchayat), District Collectorate, Salem- 636 001
5.The Tahsildar Salem Taluk Office, Salem-636 007 6.The Executive Officer Mallur Town Panchayat, Mallur(PO), Salem-636 203.
7.Samraj 8.R.Venkatesh 9.Munusamy 10.M.Raman 11.A.Podhumani 12.M.Rajendiran 13.P.Priya 14.R.Azhagar 15.Nandhagopal .. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 16 to consider the petitioner's representation dated 8.1.2025 expeditiously to implement the development project without altering the original extent of the water body and subsequently remove the illegal encroachments made in the waterbody by the respondents 7-15 in Ward No.11 S.F.No.60/3A1A1 in Mallur Town Panchayat, Salem District and restore the waterbody back to the original natural and extent in accordance with the law by following the due process within the time frame fixed by this Court.
For Petitioner(s):
Mr.Balaji Thirumoorthy For Respondent(s):
Mr.M.Habeeb Rahman, Government Advocate for R1 to R6.
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) On the allegations made in the petition that the private respondents have encroached upon water body, the status report submitted by the State shows that survey was conducted and the private respondents, except respondent Nos.12, 13 and 14, have been found to be encroachers, besides many other encroachers, and notice has been issued to them initiating the process for eviction. 2.
In view of the affidavit filed by the official respondents and the survey conducted by them, we are of the view that we need not keep this petition pending, but dispose it of with a direction to the official respondents to ensure that proceedings for eviction, which have been initiated against the encroachers, is brought to its logical conclusion, one way or other, within an outer limit of four months,
after affording opportunity of hearing.
There shall be no order as to costs.
(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 04.11.2025 Index :
Yes/No :
Yes/No ssm
To:
1.The Director of Municipal Administration Directorate of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai.
2.The Chairperson/The District Collector, District Monitoring Committee for Identifying and Evicting Encroachments in water bodies and other Govt.lands, District Collectorate,Salen - 636 001 3.The Chairperson/The Revenue Divisional Officer Divisional Monitoring Committee for identifying and evicting encroachments in water bodies and other govt. lands, Revenue Divisional Office, Jahir Ammapalayam Road, Suramangalam (PO), Salem - 636 005.
4.The Assistant Director (Town Panchayat), District Collectorate, Salem- 636 001 5.The Tahsildar Salem Taluk Office, Salem-636 007 6.The Executive Officer Mallur Town Panchayat, Mallur(PO), Salem-636 203.
THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.
ssm WP No.
31778 of 2025 04.11.2025