Thekkamalai A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.10.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.14962 of 2024 A.Thekkamalai ... Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Manapparai Taluk, Trichy District.

3.The Surveyor, Taluk Office, Manapparai, Trichy District.

4.The Department of Water Resources, Public Works Department, Water Resources Office, Trichy District.

5.Muruganantham 6.Nallammal 7.A.K.V.Solar Park, Proprietor Name (Not Known) 1/4

8.Thekkamalai 9.Malaichamy 10.Veerasamy 11.Murugan 12.Dhanalakshmi 13.Chellammal 14.Murugan 15.Soundhar 16.Mariammal (R5 to R16 are impleaded vide order dated 03.09.2024 in W.M.P.(MD)No.14685 of 2024 in W.P.(MD)No.14962 of 2024 by GRSJ & BPJ) 17.The Block Development Officer, Vaiyampatti.

(R17 is suo motu impleaded vide order dated 03.09.2024 in W.P.(MD)No.14962 of 2024 by GRSJ & BPJ) ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 3 to remove the encroachment made in S.F.Nos. 420,425, 429 474, 482, 483 and 490 of the river situated in Nadupatti Village, Manapparai Taluk, Trichy District and dredging the river for the villagers future livelihood.

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For Petitioner :Mr.N.Kamesh For Respondents :Mr.R.Raghavendran Government Advocate for R1 to R3 & R17

ORDER

When the matter was taken up for hearing, the learned Government Advocate on instructions from the authorities conceded that encroachment have in fact been committed in respect of the petition mentioned survey numbers. The authorities are finding it difficult to remove the encroachment now on account of water logging. They seek some more time.

2. We direct the official respondents to remove the encroachment as expeditiously as possible. The Writ Petition is allowed accordingly. No costs. [G.R.S., J.] [B.P., J.] 15.10.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi 3/4

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

rmi To 1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Manapparai Taluk, Trichy District.

3.The Surveyor, Taluk Office, Manapparai, Trichy District.

4.The Block Development Officer, Vaiyampatti.

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