C. Thangarasu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI V.Thangarasu ... Petitioner Vs.

1.The District Collector, Office of the Collectorate, Thanjavur, Thanjavur District - 613010.

2.The District Revenue Officer, Office of the D.R.O., Thanjavur, Thanjavur District - 613010.

3.The Revenue Divisional Officer, Office of the D.R.O., Kumbakkonam, Kumbakonam Taluk, 4.The Thasildar(Monitoring Committee), Office of the Thasildar, Pappanasam, 1/6

5.The Block Development Officer, Pappanasam Panchayat Union,

6. S.Pagalavan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to remove the encroachment made by the 6th respondent in survey No.52/2 which is Government pond and Survey Nos.38, 39 and 40 situate as Channel in Maruthuvakudi Revenue Village, Pappanasam Taluk, Thanjavur District based on the petitioner's representation dated 20.08.2024 within the time frame that may be stipulated by this Court. For Petitioner : Mr.S.Arokia Mani Raj For Respondents : Mr.K.Balasubramani, Spl. Govt. Pleader for R1 to R5.

Mr.A.Rahul for R6.

ORDER

Heard both sides.

2.It is not in dispute that S.No.52/10 is a water body. S.Nos.38 and 39 are described as channels in the revenue record. S.No.40/8 is the channel.

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3.The learned counsel for the sixth respondent admits that he is presently cultivating paddy in S.No.52/2. He gives a solemn undertaking before this Court through his counsel that within thirty days from today ie., 10.02.2025, he would complete the harvest and hand over possession to the revenue authorities. The revenue authorities are directed to ensure that the petition mentioned water bodies are restored to their original condition.

4.This writ petition is allowed on these terms. No costs. (G.R.S.J.,) & (B.P.J.,) 10.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/6

To:- 1.The District Collector, Office of the Collectorate, Thanjavur, Thanjavur District - 613010.

2.The District Revenue Officer, Office of the D.R.O., Thanjavur, Thanjavur District - 613010.

3.The Revenue Divisional Officer, Office of the D.R.O., Kumbakkonam, Kumbakonam Taluk, 4.The Thasildar(Monitoring Committee), Office of the Thasildar, Pappanasam, 5.The Block Development Officer, Pappanasam Panchayat Union, 4/6

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 10.02.2025 6/6