Baby Periyasamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.16246 of 2025 Baby Periyasamy ... Petitioner Vs.

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

2.The Revenue Divisional Officer, O/o.Revenue Divisional Offficer, Pudukkottai District.

3.The Tahsildar, O/o.Tahsildar, Pudukkottai District.

4.The Block Development Officer, O/o.Block Development Officer, Pudukkottai District.

5.Rajammal 6.Lakshmi 7.Kanagaraj 8.Nallammal 1/4

9.Shanmugavalli 10.Revathi 11.Manjula 12.Rajeshwari ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 4 herein to remove the encroachments and evict the encroachment in Survey No.247, located at Rajalipatti Post, Viralimalai Taluk, Pudukkottai District by following due procedure contemplated under law by considering the representation sent by the petitioner on 15.04.2025 within a time frame that may be fixed by this Court. For Petitioner :Mr.Niranjan S.Kumar For Respondents :Mr.A.Kannan Additional Government Pleader

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the official respondents. Issuance of notice to the private respondents is dispensed with.

2. The petitioner is a resident of Rajalipatti Village in Viralimalai Taluk. He alleges that in Survey No.247, there are encroachments. It is not in 2/4

dispute that Survey No.247 has been classified as water body (Darma Urani). The petitioner demands that the encroachments should be cleared. Since his request was not properly considered, the present writ petition came to be filed.

3. When the matter was taken up for admission, the learned Additional Government Pleader confirmed the allegation made by the petitioner and submitted that after giving notice to the encroachers and after providing due opportunity to them, all the encroachments will be removed. He also listed the number of encroachers as "10".

4. Recording the stand of the official respondents, we direct that all the encroachments in Survey No.247, Rajalipatti Village shall be cleared within a period of four weeks from the date of receipt of a copy of this order.

5. The Writ Petition is allowed accordingly. No costs. [G.R.S., J.] [B.P., J.] 17.06.2025 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, O/o.District Collector, Pudukkottai District.

2.The Revenue Divisional Officer, O/o.Revenue Divisional Offficer, Pudukkottai District.

3.The Tahsildar, O/o.Tahsildar, Pudukkottai District.

4.The Block Development Officer, O/o.Block Development Officer, Pudukkottai District.

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