Paulraj 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.16318 of 2025 Paulraj ... Petitioner Vs.

1.The District Collector, District Collectorate, Tenkasi District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Sankarankovil, Tenkasi District.

3.The Thasildar, Thiruvengadam Taluk Offfice, Thiruvengadam Taluk, Tenkasi District.

4.The Block Development Officer, Block Development Office, Kuruvikulam, Tenkasi District.

5.Gopalakrishnan ... Respondents 1/4

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 the water body namely Odai which is situated in Survey No.76 at Chathirapatti Revenue Village, Thiruvengadam Taluk, Tenkasi District based on the first respondent's proceedings vide Na.Ka.COLR/2055/2025-H1, dated 21.03.2025 as per the petitioner's representation dated 15.04.2025 within a stipulated time that may be fixed by this Court. For Petitioner :Mr.T.Gopala Krishnan For Respondents :Mr.S.Vinodh Government Advocate for R1 to R4 : Mr.F.Deepak for R5

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for R1 to R4. Issuance of notice to R5 is dispensed with.

2. The petitioner is a resident of Chathirapatti Village. According to him, in Survey No.76, there are encroachments. He wants the same to be cleared.

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3. When the matter was taken up for admission, the learned Government Advocate on instructions submitted that Survey No.76 has been classified as "Odai". The said water body belongs to the revenue.

4. In this view of the matter, we direct the third respondent to conduct survey. Notice shall be given to all the interested persons & encroachers before conducting survey. If the survey results indicate that there are encroachments in the water body, the same shall be removed. All the encroachers shall not only be put on notice but also given due opportunity. All the encroachments shall be cleared within a period of four months from the date of receipt of a copy of this order.

5. The Writ Petition is disposed of 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, District Collectorate, Tenkasi District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Sankarankovil, Tenkasi District.

3.The Thasildar, Thiruvengadam Taluk Offfice, Thiruvengadam Taluk, Tenkasi District.

4.The Block Development Officer, Block Development Office, Kuruvikulam, Tenkasi District.

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