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Madras High CourtWP(MD)/8616/2024disposed of

Kasirajan.C v. The Principal Secretary To Government Of Tamilnadu

2025-03-04Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi5 pages

1 W.P.(MD)NO.8616 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.8616 of 2024 AND W.M.P.(MD)No.7890 of 2024 C.Kasirajan ... Petitioner Vs.

1. The Principal Secretary to the Government of Tamil Nadu, Department of Revenue and Disaster Management, Secretariat, Chennai - 9.

2. The Principal Secretary to the Government of Tamil Nadu, Department of Rural Development and Panchayat Raj, Secretariat, Chennai-09.

3. The Principal Secretary to the Government of Tamil Nadu, Department of Public Works, Secretariat, Chennai-09.

(R-3 is deleted vide order dated 04.03.2025 in W.M.P.(MD) No.18765 of 2024)

4. The Principal Secretary to the Government of Tamil Nadu, Department of Energy, Secretary, Chennai - 09.

5. The District Collector,

6. The Assistant Director(Village Panchayat), District Collectorate Complex, 1/5

2 W.P.(MD)NO.8616 OF 2024

7. The Superintending Engineer, TANGEDCO,

8. The Revenue Divisional Officer / Monitoring Committee, Illupur Taluk,

9. The Tahsildar, Kulathur Taluk,

10. The Assistant Engineer, TANGEDCO, Mathur Post, Kulathur Taluk,

11. Rangarajan ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 10 to order to remove the encroachment of the 11th respondent in S.No.193 of Mathur Village, Kulathur Taluk and For Petitioner : Mr.P.Ganapathi Subramanian For R-1 to R-6, R-8 & R-9 : Mr. K.Balasubramani, Special Government Pleader.

For R-7 & R-10 : Mr.S.Deenadhayalan, Standing counsel.

For R-11 : Mr.G.Mathavan * * * 2/5

3 W.P.(MD)NO.8616 OF 2024

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the official respondents and the learned Standing counsel appearing for respondents 7 and 10 and the learned counsel appearing for the 11th respondent.

2. It is not in dispute that survey No.193 of Mathur Village is a water body.

3. We direct the ninth respondent to issue notice to the private respondents and other encroachers if any, conduct survey and if the encroachments are noticed, then by adhering to due process of law, the encroachments shall be removed. The entire exercise will be completed within a period of four months from the date of receipt of a copy of this order. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 4th March 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 3/5

4 W.P.(MD)NO.8616 OF 2024 To:

1. The Principal Secretary to the Government of Tamil Nadu, Department of Revenue and Disaster Management, Secretariat, Chennai - 9.

2. The Principal Secretary to the Government of Tamil Nadu, Department of Rural Development and Panchayat Raj, Secretariat, Chennai-09.

3. The Principal Secretary to the Government of Tamil Nadu, Department of Public Works, Secretariat, Chennai-09.

4. The Principal Secretary to the Government of Tamil Nadu, Department of Energy, Secretary, Chennai - 09.

5. The District Collector,

6. The Assistant Director(Village Panchayat), District Collectorate Complex,

7. The Revenue Divisional Officer / Monitoring Committee, Illupur Taluk,

8. The Tahsildar, Kulathur Taluk, 4/5

5 W.P.(MD)NO.8616 OF 2024 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.8616 of 2024 04.03.2025 5/5