Madras High CourtWP(MD)/17613/2024disposed of

P.Narayanan v. The District Collector

2024-08-06Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI P.Narayanan ... Petitioner Vs.

1.The District Collector, Madurai District.

2.The Tahsildar, Office of the Tahsildar, Melur Taluk, Madurai District.

3.C.Krishnan 4.Chiththanathan 5.Kannan ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to take immediate action to remove the illegal encroachment put up by 3rd to 5th respondents in the above said Survey No. 595/1F situated in Vellaloor, Melur Taluk, Madurai 1/4

District on the basis of the petitioner's representation dated 08.07.2024 within the time stipulated by this Court.

For Petitioner : Mr.J.Vishnu For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 & R.2

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for the respondents 1 and 2. Considering the nature of relief to be granted, issuance of notice to the private respondents is dispensed with.

2.The petitioner alleges that in the petition mentioned survey number there are illegal encroachments and that they should be removed. 3.The learned Special Government Pleader clarified that though in the UDR, the petition mentioned survey number has not been classified as "water body", the detail mark in the FMB indicates there was a channel. It is categorically asserted that on 23.03.2023, the said channel was restored in the presence of the petitioner.

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4.We direct the respondents 1 and 2 to ensure that the aforesaid channel is maintained as such free of encroachments for all times to come. 5.This writ petition is disposed of accordingly. There shall be no order as to costs.

[G.R.S., J.] [B.P., J.] 06.08.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Madurai District.

2.The Tahsildar, Office of the Tahsildar, Melur Taluk, Madurai District.

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

MGA 06.08.2024 4/4