Velchamy C v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI C.Velchamy ... Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The District Revenue Officer, District Collectorate Compound, Theni.

3.The Revenue Divisional Officer, Periyakulam Taluk, 4.The Thasildar, Andipatti Taluk, 5.The Block Development Officer, Andipatti Taluk, 6.The Panchayat President, Rajathani Panchayat, 1/6

Andipatti Union, Andipatti, 7.Nagan 8.Manimuthu 9.Muthaiah 10.Nagaiah ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 6 to remove the encroachments made water bodies comprised in Survey No.118/4, 119/1 and 11/5 Rajathani Village, Andipatti Taluk, Theni District to protect the said Oodai. For Petitioner : Mr.P.Sivachandran For Respondents : Mr.K.S.Selvaganesan, Addl. Government Pleader for R1 to R4.

Mr.N.Ramesh Arumugam, Govt. Advocate for R5 & R6.

ORDER

The prayer in the writ petition is for removal encroachments in the petition mentioned water bodies.

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2.The learned Additional Government Pleader informs the Court that survey was already conducted and encroachments have been identified. It appears that encroachment is by way of cultivation. The authorities shall obtain undertaking from the encroachers that after the season harvest is over, they will not commit fresh encroachments. If such an undertaking is given by the respective encroachers, they shall be given four months from today ie., 18.07.2024. Thereafter, possession shall be resumed. Further encroachments shall not be permitted. Due process of law will be adhered to.

3.The writ petition is allowed on these terms. No costs. (G.R.S.J.,) & (B.P.J.,) 18.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/6

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

2.The District Revenue Officer, District Collectorate Compound, Theni.

3.The Revenue Divisional Officer, Periyakulam Taluk, 4.The Thasildar, Andipatti Taluk, 5.The Block Development Officer, Andipatti Taluk, 6.The Panchayat President, Rajathani Panchayat, Andipatti Union, Andipatti, 4/6

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 18.07.2024 6/6