Madras High CourtWP(MD)/2203/2019allowed

M.Sahathevan, v. The District Collector,

2025-04-15Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi5 pages

1 W.P.(MD)NO.2203 OF 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.2203 of 2019 M.Sahathevan ... Petitioner Vs.

1. The District Collector, Madurai District, Madurai.

2. The Deputy Revenue Officer, Madurai District, Madurai.

3. The Revenue Divisional Officer, Revenue Divisional Office, Usilampatti,

4. The Tahsildar,

5. The Assistant Engineer, Water Resources Department(Gundaru River Basin), (R-5 is suo motu impleaded vide order dated 15.04.2025 in W.P.(MD)No.2203 of 2019) ... Respondents 1/4

2 W.P.(MD)NO.2203 OF 2019 Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove the encroachments made in survey Nos.37-1, 39-5, 40-1, 42-1, 51-3, 52 on Allikundam Village Odai, Usilampatti Taluk, Madurai District based on the representation dated 14.05.2018.

For Petitioner : Mr.S.Chinnaian For Respondents : Mr.SRA.Ramachandran, Additional Government Pleader.

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O R D E R

Heard both sides.

2. It is not in dispute that the petition mentioned survey numbers have been classified as Odai(channel). The respondents also conceded that there are encroachments in the said Odai.

3. It is the duty of the authorities to ensure that such encroachments are cleared. It appears that the Water Resources Department that has to take action.

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4. It is submitted that the fifth respondent has recently issued Form-I notice. We direct the fifth respondent to take the process to its logical conclusion. Due process of law will be adhered to. Notices will be issued to all the encroachers. All the encroachments shall be cleared positively within a period of four months from the date of receipt of a copy of this order. This writ petition is allowed accordingly. No costs.

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 15th April 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The District Collector, Madurai District, Madurai.

2. The Deputy Revenue Officer, Madurai District, Madurai.

3. The Revenue Divisional Officer, Revenue Divisional Office, Usilampatti, Madurai District.

4. The Tahsildar, 3/4

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5. The Assistant Engineer, Water Resources Department(Gundaru River Basin), G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.2203 of 2019 4/4

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