V.Ramanathan v. The District Collector / Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.153 of 2025 V.Ramanathan ... Petitioner Vs.

1.The District Collector / Monitoring Committee, Pudukottai District, Pudukottai.

2.The Revenue Divisional Officer, Aranthangi, Pudukottai District.

3.The Tahsildar, Aranthangi Taluk, Pudukottai District.

4.The Executive Engineer, Public Works Department, South Vellaru Basin Division, Pudukottai.

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5.Sekar 6.Sundararasu Thevar 7.Balakrishnan 8.Rajagopal ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the respondents 5 to 8 in the Meichal land comprised in Survey No.232/2 measuring to an extent of 34.66 acres and the Karuvidaiseri Lake comprised in Survey No.231/1 respectively situated at Aalapiranthan Village, Aranthangi Taluk, Pudukkottai District and retrieve the Meichal land to its original position by considering the representation dated 28.05.2024. For Petitioner : Mr.T.Leninkumar For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.4

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for the respondents 1 to 4. Considering the nature of relief to be granted, issuance of notice to the respondents 5 to 8 is dispensed with.

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2.The petitioner alleges that there are encroachment in Survey Nos. 232/1 and 231/1 in Aalapiranthan Village, Aranthangi Taluk. Survey No.232/1 is said to be a gracing land. This Bench cannot take cognizance in respect of the encroachment said to have been committed in respect of Survey No.232/1. We grant liberty to the petitioner to file an independent petition before the appropriate Bench.

3.It is seen that Survey No.231/1 is a "water body (Lake)". We direct the third respondent to conduct survey. If encroachments are noticed, notices shall be given to all the encroachers / interested parties and opportunities should be given to them and they will be removed by adhering to due process of law. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order. 4.This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [B.P., J.] 10.01.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA 3/4

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA To 1.The District Collector / Monitoring Committee, Pudukottai District, Pudukottai.

2.The Revenue Divisional Officer, Aranthangi, Pudukottai District.

3.The Tahsildar, Aranthangi Taluk, Pudukottai District.

4.The Executive Engineer, Public Works Department, South Vellaru Basin Division, Pudukottai.

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