A.Kartheeswaran, 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.4438 of 2019 A.Kartheeswaran ... Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Block Development Officer, Anthanallur Panchayat Union, Anthanallur, Trichy District.

3.The Executive Engineer, Public Works Department (Water Resource Department), River Protection Division, Trichy.

4.The Tahsildar, Trichy East, Trichy.

5.V.Deivanai ... Respondents 1/5

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the 4th respondent to remove the encroachment made by the 5th respondent in Kanni Water Channel situated next to the Survey No. 121/9, Vasan Nagar Layout Eastern edge, Naachikurichi, Trichy District based on the petitioner's representation dated 30.06.2018. For Petitioner :Mr.K.Sivabalan For Respondents :Mr.N.Ramesh Arumugam Government Advocate for R1 to R4 : No appearance for R5

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for R1 to R4. The fifth respondent has been served and he has entered appearance through the counsel. But there is no representation on her behalf today.

2. According to the petitioner, the petition mentioned survey number is a water body. This assertion is confirmed by the authorities also. The learned Government Advocate submits that the encroachment in question 2/5

has already been removed. But he wants to get written instructions in this regard.

3. We direct the fourth respondent to conduct survey. Notice shall be given to the fifth respondent & encroachers before conducting survey. If the survey results indicate that there are encroachments in the water body, the same shall be removed. All the encroachers shall not only be put on notice but also given due opportunity. All the encroachments shall be cleared within a period of three months from the date of receipt of a copy of this order.

4. The Writ Petition is disposed of accordingly. No costs. [G.R.S., J.] [B.P., J.] 30.07.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi 3/5

To 1.The District Collector, Trichy District, Trichy.

2.The Block Development Officer, Anthanallur Panchayat Union, Anthanallur, Trichy District.

3.The Executive Engineer, Public Works Department (Water Resource Department), River Protection Division, Trichy.

4.The Tahsildar, Trichy East, Trichy.

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

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