P.Maheshwari v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.05.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)Nos.14400 to 14403 of 2025 and W.M.P.(MD) Nos.10585, 10593, 10587 and 10590 of 2025 P.Maheshwari ... Petitioner in W.P.(MD) No.14400 of 2025 K.Sekar ... Petitioner in W.P.(MD) No.14401 of 2025 C.Gopi ... Petitioner in W.P.(MD) No.14402 of 2025 P.Ranjith Kumar ... Petitioner in W.P.(MD) No.14403 of 2025 vs.
1.The State of Tamil Nadu, rep by the Secretary to Govt., Fort St.George, Chennai -09.
2.The District Collector, O/o. the District Collector, Theni.
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3.The Executive Engineer, Periyar Dam Special Division, Cumbum, Theni District.
4.The Assistant Engineer, Theni Highway, Uthamapalayam, Theni District.
... Respondents in all W.Ps., COMMON PRAYER : Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the respondents particularly that of 4th respondent's impugned notice in form III Rule 6(1) dated 22.04.2025 and quash the same as illegal, unlawful and against the principles of natural justice and consequently direct the 4th respondent not to disturb the petitioners from peaceful possession and living in their house.
For Petitioners in all W.Ps., : Mr.K.Anandan For Respondents in all W.Ps., : Mr.P.Gandhiraj Special Government Pleader 2/6
COMMON ORDER (Common Order of the Court was made by S.SRIMATHY, J.) By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.
2.The petitioners have challenged the notices issued by the fourth respondent, dated 22.04.2025, wherein it has been clearly stated that the petitioners have encroached a portion in Karungkottankulam Canal. 3.The learned counsel for the petitioners submits that the petitioners have purchased the land from the earlier vendor.
4.While perusing the sale deed, it is seen that in the four boundaries, on the southern side, Karungkottankulam Canal is shown as one of the boundaries. Therefore, the respondents are directed to conduct a survey in the Karungkottankulam Canal. If any portion is encroached in the Karungkottankulam Canal, the same shall be removed by the respondents. The 3/6
survey may be conducted in the presence of the petitioners and thereafter, the further process may go on.
5.With the aforesaid directions, these Writ Petitions stand disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. [S.S.Y.,J.] & [R.V.,J.] 21.05.2025 NCC : Yes / No Index : Yes / No Internet : Yes mm To 1.The Secretary to Govt., Fort St.George, Chennai -09.
2.The District Collector, O/o. the District Collector, Theni.
3.The Executive Engineer, Periyar Dam Special Division, Cumbum, Theni District.
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4.The Assistant Engineer, Theni Highway, Uthamapalayam, Theni District.
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S.SRIMATHY , J.
and R.VIJAYAKUMAR , J.
mm COMMON ORDER MADE IN W.P(MD) Nos.14400 to 14403 of 2025 DATED : 21.05.2025 6/6