Yogeswaran. C v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI C.Yogeswaran ... Petitioner Vs.
1.The State represented by The Secretary to Government, Department of Panchayat, Fort St.George, Chennai - 600 009.
2.The District Collector, 3.The District Revenue Officer, Trichirappalli.
4.The Revenue Divisional Officer, Musiri, 5.The Tahsildar, Revenue Department, 1/8
6.The Revenue Inspector, Pulivalam Region, 7.The Village Administrative Officer, Thinnanoor Panchayat, 8.The Village Administrative Officer, Karattampatti Panchayat, 9.The Block Development Officer, Musiri Panchayat Union, 10.The Executive Officer, Thinnanoor Panchayat, 11.The Executive Officer, Karattampatti Panchayat, 12.The Vice President, Thinnanoor Panchayat, 13.Selvakumar 14.Ravichandran 15.P.S.Asaithambi 2/8
16.The President, Thinnanoor Panchayat, 17.Senthil Kumar 18.Boopathy Rajan 19.Annalakshmi 20.Kala Gounder 21.Angammal 22.Selvi 23.Murugesan 24.Anandraj 25.Pushparani 26.Periyasamy 27.Yadhav Prakash 28.Senthamaraikannan 29.Rajendran 30.Lavanya 31.The Management, Raghavendra Matriculation School, Karattampatti Panchayat, Musiri Panchayat Union, 3/8
32.Ramu 33.Santhi 34.Sampoornam ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 herein to remove the encroachments made by the water body encroachers / respondents 12 to 34 herein who encroached in the water catchment areas as follows: i. Thinnanoor Lake - The extent of the above said lake in 68 Acres. Survey No.514. ii. Makkulivari kuttai - The extent of the above said lake is approximately 99.00 Ares. Survey No. 833. iii. Kolikkan Kaatu Kuttai @ Kolichan Kattu Kuttai - The extent of the above said lake in 6 more than Hect 02 Ares 86.00. Survey No. 591. iv. Kattai Pulikuttai- The extent of the above said lake in Hect .02 Ares 54.50 Survey No.705. v. Backward Caste Burial Ground Water Barricade water catchment area within the time limit stipulated by this Court. For Petitioner : Mr.N.Sundhagar Nagaraj For Respondents : Mr.R.Ragavendran Government Advocate for R.1 to R.6 Mr.T.Amjad Khan Government Advocate for R.9 Mr.K.Sivabalan for R.21 to R.23 4/8
ORDER
Heard both sides.
2.It is beyond dispute that the petition mentioned survey numbers have been classified as "water bodies". Encroachments on water bodies cannot be permitted.
3.We therefore direct the fifth respondent to conduct survey, issue notices to all the interested persons / encroachers, hold enquiry and if encroachment is confirmed, remove the same. The entire exercise shall be completed within a period of five months from the date of receipt of a copy of this order.
4.With this direction to the fifth respondent, this writ petition is disposed of. There shall be no order as to costs. [G.R.S., J.] [B.P., J.] 24.09.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA 5/8
To 1.The Secretary to Government, Department of Panchayat, Fort St.George, Chennai - 600 009.
2.The District Collector, 3.The District Revenue Officer, Trichirappalli.
4.The Revenue Divisional Officer, Musiri, 5.The Tahsildar, Revenue Department, 6.The Revenue Inspector, Pulivalam Region, 7.The Village Administrative Officer, Thinnanoor Panchayat, 8.The Village Administrative Officer, Karattampatti Panchayat, 6/8
9.The Block Development Officer, Musiri Panchayat Union, 7/8
G.R.SWAMINATHAN, J and B.PUGALENDHI, J.
MGA 24.09.2024 8/8