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Madras High CourtWP(MD)/5790/2026disposed of

P.Lingasamy v. The District Collector/Monitoring Committee,

2026-03-05Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.03.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI P.Lingasamy ... Petitioner Vs.

1.The District Collector/Monitoring Committee, Office of the District Collector, Virudhunagar District, Virudhunagar.

2.The District Revenue Officer/Monitoring Committee, Office of the District Revenue Officer, Virudhunagar, Virudhunagar District.

3.The Revenue Divisional Officer/Monitoring Committee, Office of the Revenue Divisional Officer, Sathur Revenue Division, Sathur, Virudhunagar District.

4.The Tahsildar/Monitoring Committee, Office of the Tahsildar, Rajapalayam Taluk, Virudhunagar District.

5.Vanamoorthilingam @ Gopi 6.Velusamy ... Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to remove the encroachments made on survey No.1129 situate at Rajapalayam Village and survey No.1059 in Ayankolankondan-II village in Rajapalayam Taluk which is classified as Odai in accordance with law within the time stipulated by this Court. For Petitioner : Mr.S.Malaikani For Respondents : Mr.G.V.Vairam Santhosh, Addl. Government Pleader for R1 to R4.

ORDER

Heard the learned counsel for the writ petitioner and the learned Additional Government Pleader for the respondents 1 to 4. Issuance of notice to the respondents 5 and 6 is dispensed with. 2.The writ petitioner is a resident of Senguttuvan Street in Rajapalayam Town. He alleges that in petition mentioned survey numbers, there are encroachments in the form of trees. He wants them to be removed.

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3.When the matter was taken up for hearing, the learned Additional Government Pleader concedes that S.No.1129 has been classified as "River" and S.No.1059 has been classified as "Odai". It is stated that the it is the fourth respondent who is the authority competent to remove the encroachment. The fourth respondent shall issue notices to the respondents 5 and 6 under the relevant provisions of statute. They shall be afforded due opportunity of hearing. If the fourth respondent is satisfied that the water bodies have been encroached, it is his duty to remove even the standing trees and restore the water bodies to their original position. The entire exercise shall be completed within a period of four months from the date receipt of a copy of this order. 4.This writ petition is disposed of accordingly. No costs. (G.R.S.J.,) & (B.P.J.,) 05.03.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/6

To:- 1.The District Collector/Monitoring Committee, Office of the District Collector, Virudhunagar District, Virudhunagar.

2.The District Revenue Officer/Monitoring Committee, Office of the District Revenue Officer, Virudhunagar, Virudhunagar District.

3.The Revenue Divisional Officer/Monitoring Committee, Office of the Revenue Divisional Officer, Sathur Revenue Division, Sathur, Virudhunagar District.

4.The Tahsildar/Monitoring Committee, Office of the Tahsildar, Rajapalayam Taluk, Virudhunagar District.

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 05.03.2026 6/6