T.Muthugounder @ Muthusamy v. The District Collector / Monitoring Committee
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.15255 of 2025 T.Muthugounder @ Muthusamy ... Petitioner Vs.
1.The District Collector / Monitoring Committee, Collector Office Compound, Dindigul District.
2.The Tahsildar, Taluk Office, Palani Taluk, Dindigul District.
3.The Executive Engineer, Water Resources Department, Nanganchi River Water Resource Zone, Palani Taluk, Dindigul District.
4.The Assistant Engineer, Water Resources Department, Kuthirai Aaru Dam, Palani Taluk, Dindigul District.
5.The Village Administrative Officer, Chiththarevu Village, Kavalapatti, Palani Taluk, Dindigul District.
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6.R.Arumgam 7.A.Valarmathi ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 5 collectively to remove the encroachment made by the respondents 6 & 7 in Odai in S.Nos.39/1B, 40/2B, 54/2B of the Sitharevu Village, Palani Taluk and encroachment made in pathway in S.No.54/2C of Sitharevu Village, Palani Taluk. For Petitioner :Mr.M.Thirunavukkarasu For Respondents :Mr.A.Kannan Additional Government Pleader for R1 to R5 : Mr.Muthu Ganesha Pandian for R6
ORDER
Heard both sides.
2. The writ petitioner is a permanent resident of Chiththarevu Village. The petitioner is owning agricultural lands. Through his patta land, the PWD channel runs across. Likewise, according to the petitioner, the PWD channels runs across the patta lands of the respondents 6 & 7 also. The petitioner would 2/5
allege that the private respondents have made obstruction on the PWD channel and have also obliterated them. The petitioner has given a quite a few representations in this regard. The authorities who are competent to take action are the respondents 2 to 4.
3. Even though the materials enclosed in the typed set of papers indicate that survey was conducted, we direct the respondents 2 to 4 to once again conduct survey after giving prior notice to R6 & R7 and other interested persons, if any. If the results of the survey indicate that PWD channel running through the patta lands have been blocked or encroached upon, then appropriate action as per law shall be taken to remove the encroachment and restore the original position. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order. The Writ Petition is allowed on these terms. No costs.
[G.R.S., J.] [B.P., J.] 10.06.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi 3/5
To 1.The District Collector / Monitoring Committee, Collector Office Compound, Dindigul District.
2.The Tahsildar, Taluk Office, Palani Taluk, Dindigul District.
3.The Executive Engineer, Water Resources Department, Nanganchi River Water Resource Zone, Palani Taluk, Dindigul District.
4.The Assistant Engineer, Water Resources Department, Kuthirai Aaru Dam, Palani Taluk, Dindigul District.
5.The Village Administrative Officer, Chiththarevu Village, Kavalapatti, Palani Taluk, Dindigul District.
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G.R.SWAMINATHAN, J and B.PUGALENDHI, J.
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