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Madras High CourtWP(MD)/9015/2025disposed of

K.Dhanalakshmi v. The District Collector / (Monitoring Committee)

2025-04-03Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI K.Dhanalakshmi ... Petitioner Vs.

1.The District Collector (Monitoring Committee), O/o.Collectorate Office, 2.The Revenue Divisional Officer, Aruppukottai, 3.The Tahsildar, Taluk Office, Kariyapatti Taluk Office, 4.The Block Development Officer, BDO Office, Kariyapatti Block, 5.Asaithampi ... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 3 herein to remove the recent illegal encroachment made immediate on the water body in Survey No. 70 and 76 at Anmaipperukki Village, V.Naangoor, Kariyapatti Taluk, Virudhunagar District based on petitioner's representation dated 19.03.2024 within a stipulated time that may be fixed by this Court. For Petitioner : Mr.G.Sakthi Rao For Respondents : Mr.S.RA.Ramachandran Additional Government Pleader for R.1 to R.4

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 4. Considering the nature of relief to be granted, issuance of notice to the fifth respondent is dispensed with.

2.Though the petitioner has sought relief in respect of two survey numbers, while arguing the learned counsel submitted that he would confine the prayer for the Survey No.70/2 alone. He enclosed the revenue record as well as the submission of the learned Additional Government Pleader confirmed that Survey No.70/2, Anmaipperukki Village is a water body. 2/4

3.We direct the third respondent to conduct survey. If encroachments are noticed, notices shall be given to all the encroachers / interested parties and opportunities should be given to them and they will be removed by adhering to due process of law. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order. 4.This writ petition is disposed of accordingly. There shall be no order as to costs.

[G.R.S., J.] [B.P., J.] 03.04.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector (Monitoring Committee), O/o.Collectorate Office, 2.The Revenue Divisional Officer, Aruppukottai, 3.The Tahsildar, Taluk Office, Kariyapatti Taluk Office, 3/4

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA 4.The Block Development Officer, BDO Office, Kariyapatti Block, 03.04.2025 4/4