Vellasamy v. The District Collector
1 W.P.(MD)NO.6889 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.6889 of 2024 Vellasamy ... Petitioner Vs.
1. The District Collector, Madurai District, Madurai.
2. The Revenue Divisional Officer / Chairperson, Divisional Monitoring Committee,
3. The Tahsildar,
4. The Block Development Officer (Village Panchayat), Sellampatti Block Development Office,
5. The Revenue Inspector, Valanthur Firka, 1/5
2 W.P.(MD)NO.6889 OF 2024
6. The Village Administration Officer, Poduvarpatti Village,
7. Maharajan
8. Mahendran ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to remove the encroachments made by respondents herein on the " Nilaviyal Odai" water channel from Usilamalai situated in survey No.6/8 of Poduvarpatti Village based on the petitioner's representation dated 09.02.2024 and on the report given by respondents 5 and 6 dated 03.01.2024 and 06.10.2023 respectively.
For Petitioner : Mr.N.Ananda Kumar For R-1 to R-6 : Ms.P.B.Ahamed Yasmin Parvin, Government Advocate.
* * *
O R D E R
Heard both sides.
2. The Revenue Inspector, Valanthur, Usilampatti Taluk 2/5
3 W.P.(MD)NO.6889 OF 2024 submitted report dated 03.01.2024 stating that Nilaviyal Odai runs through survey Nos.6/7 and 6/8 in Poduvarpatti Village and that there are encroachments and that survey has to be conducted. Acting on the said recommendation, the Tahsildar, Usilampatti issued memorandum dated 31.01.2024 calling upon the Zonal Deputy Tahsildar and other officials to conduct survey and submit report.
3. The grievance of the petitioner is that no consequential action has been taken pursuant to the memorandum dated 31.01.2024. Hence, this writ petition came to be filed.
4. When the matter was taken up for hearing, the learned Government Advocate produced a copy of the report given by the jurisdictional Village Administrative Officer. Even the report dated 13.12.2024 reads that even though there is no entry in "A" Register, there are detail marks showing the existence of a channel.
5. We direct the third respondent to ensure that his direction is scrupulously complied with by his subordinates and appropriate consequential action is taken. The entire exercise shall be completed 3/5
4 W.P.(MD)NO.6889 OF 2024 within a period of three months from the date of receipt of a copy of this order. This writ petition stands disposed of accordingly. No costs. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 25th February 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:
1. The District Collector, Madurai District, Madurai.
2. The Revenue Divisional Officer / Chairperson, Divisional Monitoring Committee,
3. The Tahsildar, Usilampatti Taluk, Madurai District.
4. The Block Development Officer (Village Panchayat), Sellampatti Block Development Office,
5. The Revenue Inspector, Valanthur Firka, Usilampatti Taluk,
6. The Village Administration Officer, Poduvarpatti Village, 4/5
5 W.P.(MD)NO.6889 OF 2024 G.R.SWAMINATHAN, J.
AND B.PUGALENDHI, J.
PMU W.P.(MD)No.6889 of 2024 25.02.2025 5/5
6 W.P.(MD)NO.6889 OF 2024 6/5