Madras High CourtWP(MD)/17953/2025disposed of

Selvaraj Swamidhasan M v. The District Collector

2025-07-03Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI M.Selvaraj Swamidhasan ... Petitioner Vs.

1.The District Collector, Tirunelveli, 2.The Revenue Divisional Officer, Revenue Divisional Office, Tirunelveli, 3.The Tahsildar, Nanguneri Tahsildar Office, Nanguneri, 4.D.Dharmaraj ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the 1/4

encroachment made in S.No.295, Kalakad Part I, Kalakad Village, Tirunelveli District which is classified as "Water Canal" by considering the representation of the petitioner dated 18.09.2021 by invoking the provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007. For Petitioner : Mr.A.Mohamedhaneef For Respondents : Mr.C.Venkatesh Kumar Special Government Pleader for R.1 to R.3

ORDER

Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 3. Issuance of notice to the fourth respondent is dispensed with.

2.The petitioner is a resident of Kalakad Village. He alleges that the fourth respondent has committed encroachment in Survey No.295. He wants the same to be removed.

3.When the matter was taken up for hearing, the learned Special Government Pleader confirmed that Survey No.295 is a water body. It is further claimed that Form - 1 notice has already been issued. 2/4

4.We direct the third respondent to issue notice to the fourth respondent, conduct survey after putting the fourth respondent on notice and remove the encroachment, if established only by adhering to due statutory procedure. The fourth respondent shall be given due opportunity. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

5.This Writ Petition is disposed of accordingly. There shall be no order as to costs.

[G.R.S., J.] [B.P., J.] 03.07.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Tirunelveli, 2.The Revenue Divisional Officer, Revenue Divisional Office, Tirunelveli, 3/4

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

MGA 3.The Tahsildar, Nanguneri Tahsildar Office, Nanguneri, 03.07.2025 4/4

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