D. Duraiguna v. The District Collector / Moniboring 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 D.Duraiguna ... Petitioner Vs.

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

2.The District Revenue Officer, Pudukkottai District, Pudukkottai.

3.The Tahsildar, Gandarvakottai Taluk, Pudukkottai District.

4.Kamala Haasan 5.Sailavudheen 6.Meharbanu 7.Pattu 8.Sheik Mohammed 1/5

9.Manju Barkavi 10.Shahul Hameed 11.Ismayil 12.Thajudheen 13.Ravichandran 14.Rejina Begam 15.Sheik Allaudin 16.Parakkath 17.Jabbar Ali 18.Mumthaj 19.Faritha Begum 20.Mohammed Rafeeq 21.Shafina Begum 22.Mallika 23.Saraswathi 24.Saribu Nisha 25.Abbas 26.Maskutha ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to remove the 2/5

encroachment made by the respondents 3 to 26 in the Tank known as Ammakulam situated in Survey No.194/2 in Kovilur Village, Gantharvakottai Taluk, Pudukkottati District within the time stipulated by this Court may deem fit and proper in the circumstances of the case. For Petitioner : Mr.I.Robert Chandra Kumar For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.3

ORDER

Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the official respondents. Considering the nature of relief to be granted, issuance of notice to the private respondents is dispensed with.

2.The petitioner seeks removal of the encroachments in Survey No. 194/2 in Kovilur Village, Gantharvakottai Taluk. Copy of the A-Register was produced before us.

3.The learned Special Government Pleader also confirms that Survey No.194/2 has been classified as "tank and burial ground". In such places, encroachments by private persons cannot be permitted. 3/5

4.We direct the third respondent to take action as per law. Notices shall be issued to all the encroachers. Survey No.194/2 shall be restored to its original condition. The entire exercise shall be completed within a period of six months from the date of receipt of a copy of this order. 5.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, Pudukkottai District, Pudukkottai.

2.The District Revenue Officer, Pudukkottai District, Pudukkottai.

3.The Tahsildar, Gandarvakottai Taluk, Pudukkottai District.

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

MGA 22.04.2025 5/5