S.Bharathi Raja v. The District Collector

1 W.P.(MD)NO.9481 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.9481 of 2024 S.Bharathi Raja ... Petitioner Vs.

1. The District Collector, Pudukkottai, Pudukkottai District.

2. The Chair Person / Revenue Divisional Officer, Iluppur and Taluk, Pudukkottai District.

3. The Tahsildar, Ponnamaravathi Taluk, Ponnamaravathi, Pudukkottai District.

4. The Executive Officer, Town Panchayat, Ponnamaravathi, Pudukkottai District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 and 3 to remove the encroachment based on the survey already conducted on 07.11.2023 in T.S.No.43 extent 1.66.50 1/3

2 W.P.(MD)NO.9481 OF 2024 Hectares classified as Oorani and water logging poramboke in Ponnamaravathy East Revenue Village, Ponnamaravathy Taluk, Pudukkottai District and retrieve the same by the third respondent. For Petitioner : Mr.D.Parisuthanathan For Respondents : Ms.P.B.Ahamed Yasmin Parvin, Government Advocate.

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O R D E R

Heard both sides.

2. It is not in dispute that T.S.No.43 Ponnamaravathy East Revenue Village, Ponnamaravathy Taluk has been classified as water body.

3. The third respondent is directed to conduct survey. If survey results indicate that there are encroachments, the same will be duly intimated to the fourth respondent. In that event, the fourth respondent will take action to ensure that all the encroachments are removed. It is made clear that notices will have to be issued to all the encroachers. Due process of law shall be adhered to. The entire 2/3

3 W.P.(MD)NO.9481 OF 2024 exercise will be completed within a period of five 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.) 11th March 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The District Collector, Pudukkottai, Pudukkottai District.

2. The Chair Person / Revenue Divisional Officer, Iluppur and Taluk, Pudukkottai District.

3. The Tahsildar, Ponnamaravathi Taluk, Ponnamaravathi, Pudukkottai District.

4. The Executive Officer, Town Panchayat, Ponnamaravathi, Pudukkottai District.

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4 W.P.(MD)NO.9481 OF 2024 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.9481 of 2024 11.03.2025 4/3

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