Jeya. M v. The District Collector / Monitoring Committee
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.11181 of 2024 W.P.(MD)No.12517 of 2024:- M.Jeya ... Petitioner Vs.
1.The District Collector / Monitoring Committee, District Collector Office, Pudukkottai District.
2.The Tahsildar, Pudukkottai District.
3.The Block Development Officer, O/o.The Block Development Officer, Arimalam Union, Pudukkottai District.
4.M.Kannan, President, Samutiram Village Panchayat, Pudukkottai District.
1/6
5.Kamaraj ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the 5th respondent herein in northern bund of Nallapillaipetran Oorani in S.F.No.29 of Thanjur Village classified as water body and consequently direct the respondents 1 to 4 herein to restore and strengthen the northern bund denuded by the 5th respondent herein to ensure the safety of water body during heavy raining season by considering the petitioners representation dated 14.03.2024.
For Petitioner : Mr.A.Arul Jenifer, For M/s.KBS Law Office.
For Respondents : Ms.P.B.Ahamed Yasmin Parvin, Government Advocate for R1 to R3.
Mr.B.Sargunam for R5.
No appearance for R4.
W.P.(MD)No.13038 of 2024:- Kamaraj ... Petitioner Vs.
1.The District Collector/Monitoring Committee, Pudhukottai District, Pudhukottai.
2/6
2.The Block Development Officer, Arimalam Village, Panchayat Union, Pudhukottai District.
3.The Village Administrative Officer, Samuthiram Village, Pudhukottai District.
4.The President, Samuthiram Village, Thanjur, Pudhukottai District - 622 201.
5.Jaya ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd Respondent to dredge the Nalla Pillai Petran Urani without forming any kind of pathway to any individuals on the South part of water bodies situated at Survey No.29, Thirumayam Taluk Samuthiram Village, Pudhukottai District and consequently direct the 4th respondent to stop encroachment activity in the above water bodies to favor of the 5th respondent by considering petitioners representation dated 30.03.2024. 3/6
For Petitioner : Mr.B.Sargunam For Respondents : Ms.P.B.Ahamed Yasmin Parvin, Government Advocate for R1 to R4.
Mr.A.Arul Jenifer, For M/s.KBS Law Office for R5.
COMMON ORDER Heard both sides.
2.Both the writ petitions pertain to S.No.29, Samuthiram Village, Thirumayam Taluk, Pudukkottai District. It is not in dispute that S.No.29 has been classified as a water body. On the last occasion, we directed the survey authority to earmark the boundaries of the water body and remove the encroachment, if found.
3.Today ie., 13.03.2025, when the matter was taken up for hearing, the learned Government Advocate submitted that survey was conducted and the boundaries were also earmarked. It is further stated that no encroachment was noticed.
4/6
4.Recording the stand of the official respondents, this writ petitions are disposed of. No costs. Consequently, connected miscellaneous petition is closed.
(G.R.S.J.,) & (B.P.J.,) 13.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector / Monitoring Committee, District Collector Office, Pudukkottai District.
2.The Tahsildar, Pudukkottai District.
3.The Block Development Officer, O/o.The Block Development Officer, Arimalam Union, Pudukkottai District.
4.The Village Administrative Officer, Samuthiram Village, Pudhukottai District.
5.The President, Samuthiram Village, Thanjur, Thirumayam Taluk, Pudhukottai District - 622 201.
5/6
G.R.SWAMINATHAN, J.
and B.PUGALENDHI, J.
ias 13.03.2025 6/6