Ramar S v. The District Collector

1 W.P.(MD)NO.3195 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.3195 of 2024 S.Ramar ... Petitioner Vs.

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3. The Tahsildar, Thiruchuli Taluk, Virudhunagar District.

4. The Block Development Officer, Thiruchuli, Virudhunagar District.

5. H.Prabakaran

6. H.Devid Sudhakaran

7. A.Ramar

8. V.Marimuthu 9.T.Gnanamani 10.S.Ganesan 1/4

2 W.P.(MD)NO.3195 OF 2024 11.R.Kamaraj 12.S.Athiyappan

13. S.Ramasamy

14. The Secretary, Madurai Palnokku Samooka Seva Sangam, K.Pudur, Madurai - 625 007.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent No.1 to remove the encroachment made by the respondents No.5 to 14 in the water body Government Lands comprised in Survey Nos.81, 78, 79, 77, 86, 89, 66, 70, 58, 94, 68 and 33 of Manavarayanenthal Village, Survey Nos. 29, 47, 48, 49 and 50 of Pillayar Thottiyankulam Village, Survey Nos. 329, 330, 331, 321 and 322 of Pannai Moondradaippu Village and Survey Nos. 16 and 17 of Vadapalai Village on the basis of the petitioner's representation dated 26.05.2023 within the period stipulated by this Court.

For Petitioner : Mr.B.Muneeswaran For Respondents : Mr.V.Nirmal Kumar, Government Advocate.

* * *

O R D E R

Heard both sides.

2/4

3 W.P.(MD)NO.3195 OF 2024

2. The petitioner alleges that there are encroachments in the petition-mentioned four villages. He wants them to be removed. Notice was ordered.

3. When the matter was taken up for hearing, the learned Additional Government Pleader submitted that the encroachments have been identified only in Manavarayanenthal Village and not in the other three villages mentioned by the writ petitioner. It is further submitted that survey has been conducted and Form-I notice has been issued to all the encroachers in Manavarayanenthal Village.

4. Recording the said statement, this writ petition stands closed. It is always open to the writ petitioner herein to take out appropriate steps, if the submission that there is no encroachment in the other three villages turns to be incorrect. As regards the encroachment in Manarayanenthal Village, they shall be removed by adhering to due process of law. This exercise will be completed within a period of five months from the date of receipt of a copy of this order. No costs. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 20th February 2024 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 3/4

4 W.P.(MD)NO.3195 OF 2024 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU To:

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3. The Tahsildar, Thiruchuli Taluk, Virudhunagar District.

4. The Block Development Officer, Thiruchuli, Virudhunagar District.

W.P.(MD)No.3195 of 2024 20.02.2024 4/4

5 W.P.(MD)NO.3195 OF 2024 5/4