Madras High CourtWP(MD)/14654/2023allowed

Gopalakrishnan.M v. The District Collector

2025-02-25Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

1 W.P.(MD)NO.14654 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.14654 of 2023 M.Gopalakrishnan ... Petitioner Vs.

1. The District Collector, O/o.the District Collector, Pudukkottai.

2. The Tahsildar, Taluk Office, Ponnamaravathi, Pudukkottai District.

3. Saraswathi ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents 1 and 2 to remove the encroachment of the 3rd Respondent to an extent of 1/2 acres of lands in Survey No.85 to an extent of 9.88.50 Hecres of lands and in Survey No.97 to an extent of 1.41.50 Hecters of lands in Semmalapatti village, Pudukkottai taluk is "Semmalakkanmai" and restore the land as its original position in a time bound manner.

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2 W.P.(MD)NO.14654 OF 2023 For Petitioner : Mr.D.Senthil For R-1 & R-2 : Mr.K.Balasubramani, Special Government Pleader.

For R-3 : No appearance.

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O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for respondents 1 and 2.

2. The petitioner wants the encroachment in survey Nos.85 and 97 in Semmalapatti Village, Pudukkottai Taluk to be removed.

3. The learned Special Government Pleader confirms that both the survey numbers have been classified as water body.

4. We direct the second respondent to take effective action so that the encroachments are cleared. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this 2/4

3 W.P.(MD)NO.14654 OF 2023 order. The respondents shall put all the encroachers on notice and adhere to due process of law before taking action. This writ petition stands allowed. No costs.

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 25th February 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The District Collector, O/o.the District Collector, Pudukkottai.

2. The Tahsildar, Taluk Office, Ponnamaravathi, Pudukkottai District.

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4 W.P.(MD)NO.14654 OF 2023 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.14654 of 2023 25.02.2025 4/4