Pitchaikannu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI Pitchaikannu ... Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Srirengam Revenue Division, Vannankovil, Trichy District.

3.The Tahsildar / Monitoring Committee, Marungapuri Taluk Office, Marungapuri Taluk, Trichy District.

4.The Block Development Officer(Village Panchayat), Marungapuri Panchayat Union, Marungapuri Taluk, Trichy District.

5.Balamurugan 1/6

6.Ganesan 7.Kothandapani 8.Chinnadurai 9.Kanagaraj 10.Saravanan 11.Muthukumar ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1 to 4 respondents to remove the encroachments made by private respondents in S.F.No.488 for an extent of 0.22.5 Hectors classified as Government Poramboke Odai, at Muthalvarpatti Village, Marungapuri Taluk, Trichy District on the basis of petitioner's representation dated 03.07.2023 within time frame fixed by this Court.

For Petitioner : Mr.T.Vadivelan For Respondents : Mr.S.R.A.Ramachandran, Addl. Government Pleader for R1 to R4.

ORDER

Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the official respondents. Issuance of notice to the private respondents is dispensed with. 2/6

2.The petitioner seeks removal of the encroachment found in S.F.No.488, Muthalvarpatti village.

3.It is admitted by the learned Additional Government Pleader that the petition mentioned survey number is very much a water body. It appears that some villagers are cultivating in a portion of the water body. No kind of encroachment in a water body including cultivation is permissible.

4.We direct the third respondent to to conduct survey of the petition mentioned water body. Notices will be issued to all the interested persons. If the survey exercise reveals that there is encroachment, individual notices will be issued to all the encroachers and by adhering to due process of law, the encroachments shall be removed. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order. 3/6

5.The writ petition is allowed accordingly. No costs. (G.R.S.J.,) & (B.P.J.,) 20.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Srirengam Revenue Division, Vannankovil, Trichy District.

3.The Tahsildar / Monitoring Committee, Marungapuri Taluk Office, Marungapuri Taluk, Trichy District.

4.The Block Development Officer(Village Panchayat), Marungapuri Panchayat Union, Marungapuri Taluk, Trichy District.

4/6

5/6

G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 20.03.2025 6/6