M.Chandirababu v. The Secretary To Government
1 W.P.(MD)No.12559 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.12559 of 2025 AND W.M.P.(MD)Nos.9128 & 9130 of 2025 M.Chandirababu ... Petitioner Vs.
1. The Secretary to Government, Tamil Nadu Water Resources Department (WRD), 5th Floor, St. Fort George, Secretariat, Chennai - 9.
2. The District Collector, District Collectorate Complex, Trichy District.
3. The Joint Director, District Town and Country Planning Officer, Kajamalai main road, Trichy District.
4. The Municipal Commissioner, Thuraiyur Municipality, Trichy District - 620 020.
5. The Assistant Executive Engineer(PWD/WRO), Ariyaru Basin-Sub Division, Thuraiyur, Trichy District.
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6. The Assistant Engineer(PWD/WRO), Ariyaru Basin-Sub Division, Thuraiyur, Trichy District.
7. The Revenue Divisional Officer, Musiri Division, Trichy District.
8. The Tahsildar, Thuraiyur Taluk, Trichy District.
9. The Sub Registrar, Thuraiyur, Trichy District.
10. S.Jeyasekaran
11. P.Sivanantham (Respondents 10 & 11 are impleaded vide order dated 11.06.2025 in W.M.P.(MD)no.11936 of 2025) ... Respondents 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 encroachment made in the water canal in T.S.No.17/10 (Old S.F.No.73/12 & T.S.No.24/7 (Old S.F.No.68/5) in Thuraiyur Village, Thuraiyur Taluk, Thiruchirapalli District based on the petitioner's representation dated 28.03.2025 and thereby restore the canal for free flow of water within the time frame fixed by this Court.
For Petitioner : Mr.M.Rajarajan For R-1 to R-9 : Mr.A.Kannan, Additional Government Pleader.
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O R D E R
Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the official respondents.
2. Issuance of notice to the private respondents is dispensed with.
3. The learned Additional Government Pleader on instructions confirms that the petition-mentioned survey numbers have been classified as water bodies. If that be so, the encroachments cannot be permitted.
4. We direct the sixth respondent to coordinate with the eighth respondent and conduct survey. Notices shall be issued to all the interested persons / encroachers. If the result of the survey exercise points to the existence of encroachments, they shall be removed strictly adhering to due process of law and the relevant provisions of the statute concerned. The entire exercise shall be completed by the 3/6
4 W.P.(MD)No.12559 OF 2025 respondents 6 and 8 within a period of four months from the date of receipt of a copy of this order. The encroachers shall be provided with due opportunity. This writ petition stands allowed, accordingly. No costs. Consequently, connected miscellaneous petitions are closed.
(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 10th June 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 4/6
5 W.P.(MD)No.12559 OF 2025 To:
1. The Secretary to Government, Tamil Nadu Water Resources Department (WRD), 5th Floor, St. Fort George, Secretariat, Chennai - 9.
2. The District Collector, District Collectorate Complex, Trichy District.
3. The Joint Director, District Town and Country Planning Officer, Kajamalai main road, Trichy District.
4. The Municipal Commissioner, Thuraiyur Municipality, Trichy District - 620 020.
5. The Assistant Executive Engineer(PWD/WRO), Ariyaru Basin-Sub Division, Thuraiyur, Trichy District.
6. The Assistant Engineer(PWD/WRO), Ariyaru Basin-Sub Division, Thuraiyur, Trichy District.
7. The Revenue Divisional Officer, Musiri Division, Trichy District.
8. The Tahsildar, Thuraiyur Taluk, Trichy District.
9. The Sub Registrar, Thuraiyur, Trichy District.
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6 W.P.(MD)No.12559 OF 2025 G.R.SWAMINATHAN, J.
AND B.PUGALENDHI, J.
PMU W.P.(MD)No.12559 of 2025 10.06.2025 6/6
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