Jothypasu v. The District Collector / Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI Jothypasu ... Petitioner Vs.

1.The District Collector / Monitoring Committee, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Pudukkottai, Pudukkottai District.

3.Ammasi ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to remove the entire encroachments made in the "river" in Survey No.248/1 situated at Mangalathupatti Revenue village, Pudukkottai District by considering the petitioner's representations dated 05.01.2026 within the time stipulation as fixed by this Court.

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For Petitioner : Mr.M.Pitchai Muthu For Respondents : Mr.C.Venkatesh Kumar Special Government Pleader for R.1 & R.2

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for the respondents 1 and 2. Considering the nature of relief to be granted, issuance of notice to the third respondent is dispensed with.

2.The writ petitioner is a resident of Kurunjampatti Village. He alleges that the third respondent had committed encroachment in Survey No.248/1 by planting casuarina trees.

3.The learned Special Government Pleader on instructions states that Survey No.248/1 has been classified as "river". 4.We direct the second respondent to conduct survey after issuing notices to all the encroachers / interested parties. If encroachments are noticed, notices shall be given to all the encroachers / interested parties, including the private respondent herein and opportunities should be given to them and they will be 2/4

removed by adhering to due process of law. If it is found that the third respondent had planted casuarina trees in the river poramboke, the same shall be felled. However, the trees shall not be handed over to the third respondent. The Revenue Department shall appropriate the same. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

5.This Writ Petition is disposed of accordingly. No costs. [G.R.S., J.] [B.P., J.] 26.02.2026 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector / Monitoring Committee, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Pudukkottai, Pudukkottai District.

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

MGA 26.02.2026 4/4