Veerappan, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.2592 of 2019 Veerappan ... Petitioner Vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

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

3.The Tahsildar, Karambakudi Taluk, Karambakudi, Pudukkottai District.

4.Ganesan 5.Alagiri 6.Suresh 7.Ramanujam 8.The Executive Engineer, South Vellar Basin Division, Water Resources Department, Pudukkottai.

... Respondents (R8 suo motu impleaded as per order dated 30.07.2025) 1/5

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the 1st to 3rd respondents to remove the encroachment made in S.Nos.16 / 1 and 70/5 in Soorakadu Village, Mullankurichi North, Karambakudi Taluk, Pudukkottai District made by the 4th to 7th respondents based on the petitioner's representation dated 14/11/2016. For Petitioner :Mr.D.Rameshkumar For Respondents :Mr.A.Kannan, Additional Government Pleader for R1 to R3 & R8 : Mr.M.Suresh for R4, R6 & R7 : Mr.R.P.Ramachanthiran for R5

ORDER

Heard both sides.

2. The petitioner is a resident of Soorakadu village. He wants the encroachment in the petition mentioned water bodies to be cleared. It is not in dispute that Survey No.16/1 is a 'Vari' and that it comes under the control of the jurisdictional BDO and that Survey No.70/5 is a channel coming under the control of the Public Works Department.

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3. We direct the Thasildar, Karambakudi Taluk to conduct survey in respect of the water bodies after giving notice to all the interested persons including the encroachers, if any. Based on the results of the survey, if the encroachments are noticed, the Tahsildar Karambakudi will clear the encroachments in Survey No.16/1 & the 8th respondent will clear the encroachment in Survey No.70/5. Both the authorities will adhere to due process of law. Notice will be issued to all the encroachers. They shall be given due opportunity of hearing. Only after such strict compliance of the principles of natural justice, the encroachments will be removed. The entire exercise will be completed within a period of four months from the date of receipt of a copy of this order. The writ petition is allowed accordingly. No costs.

[G.R.S., J.] [B.P., J.] 30.07.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi/SKM 3/5

To 1.The District Collector, Pudukkottai District, Pudukkottai.

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

3.The Tahsildar, Karambakudi Taluk, Karambakudi, Pudukkottai District.

4.The Executive Engineer, South Vellar Basin Division, Water Resources Department, Pudukkottai.

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

rmi/skm W.P(MD)No.2592 of 2019 30.07.2025 5/5