M/S.Abdul Kalam Science Farmers People Security Association v. The District Collector
1 W.P.(MD)NO.11550 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.11550 of 2024 AND W.M.P.(MD)Nos.10295 & 16632 of 2024
1. M/s.Abdul Kalam Science Farmers People Security Association, Rep. by its State President G.Abel Moorthy, S/o.Gurusamy, 59/2, Muthu Thevar Colony, Virathipattu, Madurai - 625 016.
2. M/s.Abdul Kalam Science Farmers People Security Association, Rep. by its Dindigul West President S.Naveen Kumar, S/o.Subramanian, Chattrapatti, D.Pudukottai, Dindigul - 624 614.
... Petitioners Vs.
1. The District Collector,
2. The Block Development Officer, Panchayat Union, Oddanchatram,
3. The Tahsildar, Taluk Office, Oddanchatram, 1/6
2 W.P.(MD)NO.11550 OF 2024
4. The President, D.Pudukottai Village, Oddanchatram Taluk,
5. N.Velusamy Gounder
6. Murugesan Gounder
7. Murugathal
8. Raman
9. Murugan 10.Senthil Kumar 11.Rajeswari 12.Vijayan 13.Muthusamy 14.Ganapathy 15.Subramanian Gounder 16.Palanisamy 17.Chinnadurai 18.K.Sekar 19.S.Selvaraj
20. The Assistant Executive Engineer, WRD, Palani (R-20 is suo motu impleaded vide order dated 04.03.2025) ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to survey and to take action upon the encroachers who have encroached Survey Nos.181/1 at Seelaiyankuttai Oorani, D.Pudukkottai Village, Oddanchathiram Taluk, Dindigul District and the Water Channel running in Survey Numbers 180,181, 183, 187, 362, 122/3, 121/4C1, 122/4, 121/4C2, 80/1A, 80/B, 80/2, 117/1, 117/2, 134/1, 134/2, 134, 132/2, 181/2, 181/3, 128/1, 181, 300, 2/6
3 W.P.(MD)NO.11550 OF 2024 299, 353, 354, 355, 368, 364, 365 and 366 of D.Pudukkottai, Oddanchatram Taluk, Dindigul District by considering petitioner's representation dated 27.12.2023.
For Petitioners : Mr.K.R.Laxman For R-1 & R-3 : Mr.S.R.A.Ramachandran, Additional Government Pleader.
For R-2&R-4 : Mr.B.Saravanan, Additional Government Pleader.
For R-5 to R-19 : Mr.D.Venkatesh * * *
O R D E R
Heard the learned counsel appearing for the writ petitioners and the learned Additional Government Pleader appearing for the official respondents and the learned counsel appearing for respondents 5 to 19.
2. It is not in dispute that the petition-mentioned survey numbers have been classified as water bodies.
3. Encroachment in water bodies cannot be permitted. The 3/6
4 W.P.(MD)NO.11550 OF 2024 petitioners filed this writ petition for clearing the encroachments in the petition mentioned survey numbers.
4. Today when the matter was taken up for hearing, the learned Additional Government Pleader clarified that survey was conducted and it indicated encroachment by as many as four persons. It appears that the encroachers are using the water bodies for cultivation purpose. This is also impermissible in law. Notices under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 have also been issued.
5. We direct the third respondent to take the process to its logical conclusion and ensure that all the encroachments are removed within a period of four months from the date of receipt of a copy of this order. This writ petition stands allowed accordingly. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 11th March 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 4/6
5 W.P.(MD)NO.11550 OF 2024 To:
1. The District Collector,
2. The Block Development Officer, Panchayat Union, Oddanchatram,
3. The Tahsildar, Taluk Office, Oddanchatram,
4. The President, D.Pudukottai Village, Oddanchatram Taluk, 5/6
6 W.P.(MD)NO.11550 OF 2024 G.R.SWAMINATHAN, J.
AND B.PUGALENDHI, J.
PMU W.P.(MD)No.11550 of 2024 11.03.2025 6/6