S.Mahalakshmi v. The District Collector

1 W.P.(MD)NO.5066 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.5066 of 2025 AND W.M.P.(MD)No.3681 of 2025 S.Mahalakshmi ... Petitioner Vs.

1. The District Collector, Madurai.

2. The Revenue Divisional Officer, Usilampatti Division, Madurai.

3. The Tahsildar, Peraiyur Taluk, Madurai.

4. The Executive Engineer, Water Resource Department, Public Works Department, Usilampatti, Madurai.

5. The Assistant Engineer, Public Works Department, Usilampatti, Madurai.

6. The Block Development Officer, Panchayat Union, Sedappatti, Madurai.

7. S.Boopathi

8. R.Chellasamy 1/5

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9. Ramar 10.S.Vellaisamy ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 3 to 6 to remove the encroachments in Sangurani Kuttai situated in S.No.94/4 and its feeding channel in S.Nos.96/6, 103, 104, 107 and 108 in Soolappuram Village, Peraiyur Taluk, Madurai District and restore the Kuttai and its feeding channel by dredging it and restore its original capacity based on the representation of the petitioner dated 16.10.2024 and 21.09.2020.

For Petitioner : Mr.K.K.Udayakumar For R-1 to R-6 : Ms.P.B.Ahamed Yasmin Parvin, Government Advocate.

For R-7 : Mr.R.Anbu Manikandan For R-8 to R-10 : No appearance.

* * *

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the official respondents and the learned counsel appearing for the seventh respondent. 2/5

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2. It is not in dispute that the petition-mentioned survey numbers have been classified as water bodies. The learned Government Advocate states that survey was conducted and as many as 15 encroachments were noticed. It appears that the petitioner is also one of the encroachers. Notices under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 have already been issued.

3. We direct the third respondent to take the process to its logical conclusion and ensure that all the encroachments are removed within a period of six months from the date of receipt of a copy of this order. This writ petition stands allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 13th March 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 3/5

4 W.P.(MD)NO.5066 OF 2025 To:

1. The District Collector, Madurai.

2. The Revenue Divisional Officer, Usilampatti Division, Madurai.

3. The Tahsildar, Peraiyur Taluk, Madurai.

4. The Executive Engineer, Water Resource Department, Public Works Department, Usilampatti, Madurai.

5. The Assistant Engineer, Public Works Department, Usilampatti, Madurai.

6. The Block Development Officer, Panchayat Union, Sedappatti, Madurai.

4/5

5 W.P.(MD)NO.5066 OF 2025 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.5066 of 2025 13.03.2025 5/5

6 W.P.(MD)NO.5066 OF 2025 6/5