T.R.Vijaya Balamurugan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2025

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN and THE HON'BLE MR.JUSTICE B.PUGALENDHI WP(MD)No.4519 of 2025 T.R.Vijaya Balamurugan ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The District Revenue Officer, Dindigul District, Dindigul.

3.The Revenue Divisional Officer, Dindigul Division, Dindigul.

4.The Tahsildar, Nilakottai Taluk, Nilakottai, Dindigul District.

5.U.Alagarsamy 6.U.Nagaraj ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus directing the respondents 1 to 4 to initiate appropriate proceedings to remove the encroachments made by the respondents 5, 6 and others in Vari Odai comprised in Survey 1/4

No.173/5 situated at Pachamalayankottai Village, Nilakkottai Taluk, Dindigul District and restore it to its original position within a time frame that may be stipulated by this Court and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner : Mr.R.R.Kannan For Respondents : Mr.S.RA.Ramachandran, Additional Government Pleader for R1 to R4

ORDER

When the matter was taken up for hearing, the learned Additional Government Pleader submitted that the petition mentioned survey number has been classified as Odai. Copy of the "A" Register has also been made available to us.

2.Since we are satisfied that Survey No.173/5 situated at Pachamalayankottai Village, Nilakkottai Taluk, Dindigul District is a water body, we direct the fourth respondent to issue notice to the interested persons and conduct re-survey within a period of four weeks from the date of receipt of a copy of this order. 4.It is not in dispute that S.F.No.217 has been classified as water body. If any encroachment is identified, the same shall be 2/4

removed after giving notice to the encroachers and giving them opportunity. This writ petition stands disposed of accordingly. No costs.

[G.R.S., J.] & [B.P., J.] 20.02.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No Skm To 1.The District Collector, Dindigul District, Dindigul.

2.The District Revenue Officer, Dindigul District, Dindigul.

3.The Revenue Divisional Officer, Dindigul Division, Dindigul.

4.The Tahsildar, Nilakottai Taluk, Nilakottai, Dindigul District.

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

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