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Madras High CourtWP(MD)/16404/2025disposed of

C.Kasirajan v. The District Collector/ Monitoring Committee

2025-06-19Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI C.Kasirajan ... Petitioner Vs.

1.The District Collector/ Monitoring Committee, Pudukkottai.

2.The District Revenue Officer, Pudukkottai.

3.The Revenue Divisional Officer, Iupur Post and Taluk, Pudukkottai.

4.The Tahsildar, Kulathur Taluk, Pudukkottai District.

5.The Block Development Officer, Annavasal Panchayat Union, Annavasal Post and Taluk, Pudukkottai.

... Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to remove the encroachment made in the water body in S.F.No.287/2, Ammachathiram Village, Ammachathiram Post, Kulathur Taluk, Pudukottai District.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.A.Kannan, Addl. Government Pleader.

ORDER

Heard both sides.

2.The petitioner is a resident of Mathur Village. He alleges that a godown has been put by the Block Development Officer in S.No.287/2 in Ammachathiram Village. He wants the same to be removed. 3.When the matter was taken up for hearing, the official instructing the learned Additional Government Pleader admitted that S.No.287/2 has been classified as water body and that a construction was erroneously put up therein.

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4.Our attention has also been drawn to the communication dated 18.06.2025 sent by the Tashildar, Kulathur. The said instructions read that a construction was erroneously put up and that Form I notice has been issued to Block Development Officer to remove the same. 5.We direct the fourth respondent to remove the construction in S.No.287/2 within a period of four weeks from the date of receipt of a copy of this order. We make it clear that the water body should be restored to its original condition and no debris should be left in the water body. The District Collector will initiate surcharge proceedings and ensure that the public money spent for this purpose is recovered from the erring official's salary.

6.This writ petition is disposed of accordingly. No costs. (G.R.S.J.,) & (B.P.J.,) 19.06.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/6

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

2.The District Revenue Officer, Pudukkottai.

3.The Revenue Divisional Officer, Iupur Post and Taluk, Pudukkottai.

4.The Tahsildar, Kulathur Taluk, Pudukkottai District.

5.The Block Development Officer, Annavasal Panchayat Union, Annavasal Post and Taluk, Pudukkottai.

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 19.06.2025 6/6