Subbaiah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025

CORAM

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

1.The District Collector, Madurai.

2.The District Revenue Officer, Madurai.

3.The Revenue Divisional Officer, Usilampatti, Madurai.

4.The Tahsildar, Peraiyur Taluk, Madurai District.

5.Ramar 6.Gopalakrishnan 7.Karuvaiya 8.Malaisamy ... Respondents 1/4

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 respondents 5 to 8 in pathway in S.F.No.293/10B, 11, 12 of Vittalpatti Village, Peraiyur Taluk, Madurai District and the encroachment in the water body S.F.No.291/10 of Vittalpatti Village, Peraiyur Taluk, Madurai District. For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.S.Vinoth, Government Advocate for R1 to R4.

ORDER

The scope of this writ petition stands confined to S.No.219/10 of Vittalpatti Village alone. We grant liberty to the petitioner to pursue his remedy independently in respect of the other survey numbers mentioned in the writ prayer.

2.S.F.No.219/10 has been classified as "Oorani". The petitioner seeks removal of the encroachments committed thereon. 3.The learned Government Advocate also confirms the character of the said survey number as water body.

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4.We direct the fourth respondent to issue notice to the all the interested persons and conduct enquiry. If it is noticed that there are encroachments, the same shall 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. 5.This writ petition is disposed of accordingly. No costs. (G.R.S.J.,) & (B.P.J.,) 03.06.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Madurai.

2.The District Revenue Officer, Madurai.

3.The Revenue Divisional Officer, Usilampatti, Madurai.

4.The Tahsildar, Peraiyur Taluk, Madurai District.

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

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