E.David William v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.17046 of 2025 E.David William ... Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Srirengam, Trichy District.

3.The Tahsildar, Manapparai Taluk, Trichy District.

4.The Block Development Officer, Manpparai, Trichy District.

5.The Executive Engineer, The Department of Water Resources, Public Works Department, Water Resources Office, Trichy District.

... 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 5 herein to remove the encroachment upon the pool and channel namely "Periyapannai Kulam" comprised in Survey No.310, situated in V.Periyapatti, Manapparai Taluk, Trichy District based on the representation dated 18.12.2023. For Petitioner :Mr.P.Pandia Rajan For Respondents :Mr.C.Venkatesh Kumar Special Government Pleader for R1 to R3 & R5 : Mr.P.Subbaraj Special Government Pleader for R4

ORDER

Heard the learned counsel for the petitioner and the learned Special Government Pleader for the official respondents.

2. The petitioner is a resident of Nallathampigoundanoor Village. He alleges that in Survey No.310, there are encroachments.

3. When the matter was taken up for hearing, the learned Special Government Pleader confirmed that Survey No.310 has been classified as water body.

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4. In this view of the matter, we direct the third respondent to conduct survey. Notice will be issued to all the interested persons & encroachers before conducting survey. If the survey results indicate that there are encroachments, the same will be removed by adhering to due process of law. All the encroachers will be given due opportunity before taking any coercive action. The entire exercise shall be completed 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.] 24.06.2025 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, Trichy District, Trichy.

2.The Revenue Divisional Officer, Srirengam, Trichy District.

3.The Tahsildar, Manapparai Taluk, Trichy District.

4.The Block Development Officer, Manpparai, Trichy District.

5.The Executive Engineer, The Department of Water Resources, Public Works Department, Water Resources Office, Trichy District.

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