Ramakrishnan P v. The District Collector / Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI P.Ramakrishnan ... Petitioner Vs.

1.The District Collector / Monitoring Committee, District Collector Office, Madurai District.

2.The Superintending Engineer, Periyaru Vaigai Vadiila Vattam, Public Works Department, Madurai.

3.The Executive Engineer, Public Works Department, Melur, Madurai District.

4.Public Works Department, Office of the Public Works Department, Mettupatti, Alankanallur, Madurai.

5.Balamurugan, Prop.R.B.Harsith Water Company, Veerapandi 5th Section, 1/6

Thirumalpuram Post, Madurai - 625 014.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1 to 4th respondents to remove the encroachment made by the 5th respondent in water body namely in survey No.69/8, in Kurunthakulam Kanmai and survey Nos.84 and 88 in water channel situated at Veerapandi 1 Bit, Madurai North Taluk, Madurai by considering the petitioner's representation dated 21.02.2025.

For Petitioner : Mr.N.Balasubramanian For Respondents : Mr.C.Venkatesh Kumar, Spl. Government Pleader for R1 to R4.

ORDER

Heard the learned counsel for the petitioner and the learned Special Government Pleader for the official respondents. Issuance of notice to the private respondent is dispensed with.

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2.It is obvious that S.Nos.69/8, 84 and 88 have been classified as water bodies (Kanmoi and Vaikal). According to the petitioner, the fifth respondent has committed encroachment on the said water bodies. 3.The fourth respondent is the authority competent to take action. We direct the fourth respondent to conduct survey after issuing notice to the fifth respondent. If encroachment is noticed, proper action will be taken to clear the encroachment as per law. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

4.This writ petition is disposed of accordingly. No costs. (G.R.S.J.,) & (B.P.J.,) 03.06.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/6

To:- 1.The District Collector / Monitoring Committee, District Collector Office, Madurai District.

2.The Superintending Engineer, Periyaru Vaigai Vadiila Vattam, Public Works Department, Madurai.

3.The Executive Engineer, Public Works Department, Melur, Madurai District.

4.Public Works Department, Office of the Public Works Department, Mettupatti, Alankanallur, Madurai.

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 03.06.2025 6/6