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Madras High CourtWP(MD)/13946/2026disposed of

Sridharan v. The District Collector,

2026-06-02Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI Sridharan ... Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The Revenue Divisional Officer, Uthamapalayam, Theni District.

3.The Tahsildar, Bodinayakanur Taluk Office, Bodinayakanur, Theni District.

4.The Assistant Engineer, Public Works Department / WRO, Bodinayakanur, Theni District.

5.The Commissioner, Bodinayakanur Municipality, Bodinayakanur, Theni District.

6.Periya Durai 1/5

7.Manikandan ... 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 to remove the encroachments of the 6th and 7th respondents and others made in the lands in Survey Nos.285, 305 and 312 in Bodinayakanur by considering the petitioner's representation dated 24.03.2026 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.M.S.Jeyakarthik For Respondents : Mr.M.P.Senthil Government Pleader for R.1 to R.5

ORDER

Heard the learned counsel for the writ petitioner and the learned Government Pleader appearing for the respondents 1 to 5. Considering the nature of relief to be granted, issuance of notice to the respondents 6 and 7 is dispensed with.

2.The writ petitioner is a resident of Thallakulam. He has an interest in certain properties in Bodinayakanur. According to the petitioner, the private respondents herein have encroached upon the petition mentioned survey numbers. He wants them to be removed. The petitioner has already given a representation on 24.03.2026. Since it was not acted upon, this writ petition has been filed.

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3.When the matter was taken up for hearing, the learned Government Pleader conceded that the petition mentioned survey numbers have been classified as "Odai" (water channel).

4.We direct the third respondent to conduct survey after issuing notices to all the encroachers / interested parties, including the private respondents herein. Survey exercise shall be done within a period of two months from the date of receipt of a copy of this order. If encroachments are noticed, the third respondent shall remove the encroachments by adhering to due process of law. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order. 5.This Writ Petition is disposed of accordingly. No costs. [G.R.S., J.] [B.P., J.] 02.06.2026 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA 3/5

To 1.The District Collector, Theni District, Theni.

2.The Revenue Divisional Officer, Uthamapalayam, Theni District.

3.The Tahsildar, Bodinayakanur Taluk Office, Bodinayakanur, Theni District.

4.The Assistant Engineer, Public Works Department / WRO, Bodinayakanur, Theni District.

5.The Commissioner, Bodinayakanur Municipality, Bodinayakanur, Theni District.

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

MGA 02.06.2026 5/5