V.Arumuga Raj v. The District Collector / Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI V.Arumuga Raj ... Petitioner Vs.

1.The District Collector / Monitoring Committee, Tenkasi District, Tenkasi.

2.The Tahsildar, Aalangulam Taluk, Aalangulam, Tenkasi District.

3.The Assistant Engineer, Public Water Works Department, Aalangulam, Tenkasi District.

4.The Block Development Officer, Aalangulam Village, Tenkasi District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 and 3 to take necessary enquiry and action as against the encroachers in Survey Nos.235/2, 236, 417/2, 418/2, 1/4

419/2 comprising of 90 Acres in the name of Thottiyan Kulam (Water Body) located in the Alangulam Village, Alangulam Taluk, Tenkasi District by implementing the first respondent's Communication Letter in his Proceeding O.Mu.H1-COLR-1140-2023 dated 13.03.2024 by considering the petitioner's representation dated 22.01.2024.

For Petitioner : Mr.B.Anandan For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

Heard both sides.

2.The petitioner wants the encroachments in the petition mentioned survey numbers to be removed.

3.The learned Special Government Pleader confirms that the petition mentioned survey numbers have been classified as "water bodies". He, however, would assert that only in Survey No.236, there are encroachments and that too committed by the local body. In other survey numbers there are no encroachments.

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4.This submission made by the learned Special Government Pleader is placed on record. It is further stated that the Tahsildar, Aalangulam conducted survey and noticed encroachments in Survey No.236. 5.We direct the third respondent to take consequential action to remove the encroachments in Survey No.236. The third respondent will issue notice to the local body and by adhering to the procedure set out in the relevant statute, ensure that the encroachments are removed. The entire exercise shall be completed within a period of five months from date of receipt of a copy of this order.

6.This Writ Petition is allowed accordingly. There shall be no order as to costs.

[G.R.S., J.] [B.P., J.] 22.04.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector / Monitoring Committee, Tenkasi District, Tenkasi.

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

MGA 2.The Tahsildar, Aalangulam Taluk, Aalangulam, Tenkasi District.

3.The Assistant Engineer, Public Water Works Department, Aalangulam, Tenkasi District.

4.The Block Development Officer, Aalangulam Village, Tenkasi District.

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