M.Elumalai, S/O.Manguni v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2025

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE M.Elumalai ... Petitioner Vs.

1.The District Collector, Collector Office, Trichy District.

2.The Revenue Divisional Officer, Srirangam Taluk, Trichy District.

3.The Tahsildar, Marungapuri Post and Taluk, Trichy District.

4.The Block Development Officer, Office of Marungapuri Panchayat Union, Trichy District.

5.Perumal 6.Chinnamani 7.Ammasi 8.Ayyakannu

9.Rasu 10.Dhasan 11.Malaisamy 12.Alagar 13.Rengan 14.Durairaj 15.Chinnu 16.Vijaya 17.Sakthivelu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents 1 to 4 to remove the encroachments made by the respondents 5 to 17 in "Vannankulam" in S.F.No.49/5 of Kallakampatti Village, Marungapuri Taluk, Trichy District at once.

For Petitioner : Mr.P.Ganapathi Subramanian For R-1 to R-3 : Mr.P.Thilak Kumar Government Pleader For R-4 : Mr.R.Pandiarajan For R-5 to R-17 : No appearance

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ of Mandamus has been instituted to direct the respondents 1 to 4 to remove the encroachments made by the respondents 5 to 17 in "Vannankulam" in S.F.No.49/5 of Kallakampatti Village, Marungapuri Taluk, Trichy District at once.

2. The learned Government Pleader appearing for the respondents 1 to 3 would submit that the competent authorities have conducted field inspection and survey and identified the encroachments.

3. Unauthorised building constructions are also made in the encroached Kulam, which is a water body. The authorities are expected to be sensitive in dealing with the water bodies. No encroachment in water bodies is to be permitted. Therefore, severe actions are imminent.

4. The learned Government Pleader would submit that the authorities will initiate action by following the procedures and remove the encroachments and demolish the unauthorised constructions.

5. In view of the said submission, the respondents 1 to 4 are directed to remove the encroachments and demolish the unauthorised constructions by issuing notice and by following the procedures as contemplated under the relevant statutes and rules within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

(S.M.S.,J.) (A.D.M.C.,J.) 25.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The District Collector, Collector Office, Trichy District.

2.The Revenue Divisional Officer, Srirangam Taluk, Trichy District.

3.The Tahsildar, Marungapuri Post and Taluk, Trichy District.

4.The Block Development Officer, Office of Marungapuri Panchayat Union, Trichy District.

S.M.SUBRAMANIAM,J.

and DR.A.D.MARIA CLETE,J.

Lm 25.06.2025