Madras High CourtWP(MD)/13093/2020disposed of

Aranthai Annathurai v. The District Collector

2025-07-10Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.13093 of 2020 Aranthai Annathurai ... Petitioner Vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The District Revenue Officer, Pudukkottai, 3.The Revenue Divisional Officer, Aranthangi, 4.The Tahsildar, Aranthangi Taluk, 5.Panneerselvam 6.Arambu 7.Mani 8.Nallaiah 1/5

9.Kamaraj 10.Ganesan 11.The District Forest Officer, (R11 is suo motu impleaded vide order dated 05.10.2020 in W.P.(MD)No.13093 of 2020) by NKKJ and BPJ) ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to remove the encroachment as found in Survey No.477/3 measuring 3.20.5 Hectares of Government Poromboke, Forest and water Body at Kurumbur Village, Silatur Group, Aranthangi Tk, Pudukkottai District encroached by the respondents 5 to 10 as per the recommendation of the 3rd respondent under Na.ka.441/2018/A3 dated 23.2.2018.

For Petitioner :Mr.K.R.Laxman For Respondents :Mr.C.Venkatesh Kumar Special Government Pleader for R1 to R4 & R11 : Mr.P.Ganapathi Subramanian for R5 & R6 : No appearance for R7 to R10 2/5

ORDER

Heard the learned counsel on either side.

2. The petitioner is no more. His demise will not lead to abatement of the writ petition. The petitioner had sought removal of the encroachment found in Survey No.477/3 in Kurumbur Village.

3. It is not in dispute that it is a water body. In this view of the matter, we direct the fourth respondent to conduct survey. Notice shall be given to all the interested persons & 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 four months from the date of receipt of a copy of this order.

5. The Writ Petition is disposed of accordingly. No costs. [G.R.S., J.] [B.P., J.] 10.07.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi 3/5

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

2.The District Revenue Officer, Pudukkottai, 3.The Revenue Divisional Officer, Aranthangi, 4.The Tahsildar, Aranthangi Taluk, 5.The District Forest Officer, 4/5

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

rmi W.P(MD)No.13093 of 2020 10.07.2025 5/5