R.Murugesan v. The District Collector

1 W.P.(MD)NO.6481 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.6481 of 2024 R.Murugesan ... Petitioner Vs.

1. The District Collector, Dindigul District, Dindigul.

2. The Revenue Divisional Officer, Palani,

3. The Tahsildar, Oddanchatram Taluk,

4. The President, Pudukottai Village Panchayat, Palani Taluk,

5. K.Subramanian

6. The Superintending Engineer, Public Works Department (Water Resources),

7. The Assistant Engineer, Public Works Department (Water Resources), Nanchangiar Basin Division, 1/4

2 W.P.(MD)NO.6481 OF 2024 Palani Taluk, (R-6 & R-7 are impleaded vide order dated 25.02.2025 in W.M.P.(MD)No.7730 of 2024) ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by fifth respondent in the canal comprised in survey Nos.90 and 92 situated at Pudukottai Village, Oddanchatram Taluk, Dindigul District by considering the petitioner's representation dated 01.11.2023. For Petitioner : Mr.T.Lenin Kumar For R-1 to R-4 : Mr.K.Balasubramani, Special Government Pleader.

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O R D E R

Heard both sides.

2. The petitioner's allegation is that the encroachments found in survey Nos.90 and 92 Pudukkottai Village should be removed.

3. It is not in dispute that a canal runs through these two survey numbers. The petitioner's case is that the fifth respondent is an encroacher.

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3 W.P.(MD)NO.6481 OF 2024

4. We would not go into the said factual controversy. We only direct the seventh respondent to take action as per law for clearing the encroachments in survey Nos.90 and 92. This exercise shall be completed within a period of four months from the date of receipt of a copy of this order. The seventh respondent will adhere to due process of law. Notices will be issued to all the encroachers. This writ petition stands allowed. 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, Dindigul District, Dindigul.

2. The Revenue Divisional Officer, Palani, Dindigul District.

3. The Tahsildar, Oddanchatram Taluk, Dindigul District.

4. The President, Pudukottai Village Panchayat, Palani Taluk, 3/4

4 W.P.(MD)NO.6481 OF 2024 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.6481 of 2024 25.02.2025 4/4