Nagarajan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.19408 of 2021 Nagarajan ... Petitioner Vs.

1.The District Collector, Pudukkottai District.

2.The District Revenue Officer, Pudukkottai District.

3.The Revenue Divisional Officer, Pudukkottai District.

4.The Tahsildar, Aranthangi Taluk, Pudukkottai District.

5.The Executive Engineer, P.W.D/W.R.O, Pudukkottai.

6.The Assistant Executive Engineer, P.W.D/W.R.O, Pudukottai 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 to remove the encroachments in the river bed of Vellaru comprised in Old S.No.39, having an extent of 235 acres and 25 cents, S.No.32, 41 Acre 85 cents, S.No.319, 87 Acre and of Kattaru comprised in Old S.No.42, 43, 44, 45 and 46 measuring 20 Acre 70 Cents in Aliayanilai Village, Aranthangi Taluk, Pudukottai District. For Petitioner :Mr.R.Suriyanarayanan For Respondents :Mr.S.R.A.Ramachandran Additional Government Pleader

ORDER

Heard both sides.

2. The petitioner has cataloged list of survey numbers which have been classified as water bodies. According to him, there are encroachments in the said water bodies. The writ petition was filed way back in September 2021.

3. Today, when the matter was taken up for final hearing, the Tahsildar, Aranthangi vide letter dated 01.04.2025 addressed to the learned Additional Government Pleader substantially confirmed the averment of the petitioner that the petition mentioned survey numbers have been classified as water bodies. He seeks six months time to conduct survey and to identify the encroachment.

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4. We direct the fourth respondent to conduct survey. Notices will be issued to all the interested persons. If the results of the survey indicate that there are encroachments, they shall be removed by adhering to due process of law. This direction is issued in all to R4 to R6. The entire exercise shall be completed within a period of six months from the date of receipt of a copy of this order. The Writ Petition is allowed accordingly. No costs. [G.R.S., J.] [B.P., J.] 01.04.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The District Collector, Pudukkottai District.

2.The District Revenue Officer, Pudukkottai District.

3.The Revenue Divisional Officer, Pudukkottai District.

4.The Tahsildar, Aranthangi Taluk, Pudukkottai District.

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

rmi 5.The Executive Engineer, P.W.D/W.R.O, Pudukkottai.

6.The Assistant Executive Engineer, P.W.D/W.R.O, Pudukottai District.

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