Govindhan v. The District Collector Cum Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.19094 of 2025 & W.M.P.(MD)No.14640 of 2025 Govindhan ... Petitioner Vs.

1.The District Collector cum Monitoring Committee, 2.The Assistant Director of Panchayat, Theni, Theni District.

3.The Executive Engineer, Public Works Department (Water body), Thallakulam, Madurai.

4.The Block Development Officer, Chinnamanur Panchayat Union, 5.The Tahsildar, Chinnamanur Taluk, 6.Subburaj 7.Perumal 1/6

8.Balamurugan 9.Vadivel 10.Mayilthai 11.Chandramohan 12.Chandra 13.Chinnathai 14.Padmanathan 15.Pethanan 16.Chandra ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents herein to remove encroachment made in Nilaviyal Odai (Channel) comprised in Sur. Nos.162 to 167, 179, 180, 181, 182, 185, 235, 237, 238, 240, 247, 250 and 251 situated at Veppampatti Village, Chinnamanur Panchayat Union, Theni District by considering the representation dated 20.12.2023 and 04.07.2025 in accordance with law within a stipulated time period.

For Petitioner :Mr.M.Ramesh For Respondents :Mr.A.Kannan Additional Government Pleader for R1 to R3 & R5 : Mr.P.T.Thiraviam Government Advocate for R4 2/6

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the official respondents. Issuance of notice to the private respondents is dispensed with.

2. The petitioner is a resident of Veppampatti Village. He alleges that in the petition mentioned survey number, there are encroachments.

3. Though the learned counsel for the petitioner would claim that all the petition mentioned survey numbers have been classified as channel, the learned Additional Government Pleader states that while some of the survey numbers have been classified as channels, some have been classified as cart track. However, survey No.250 has been classified as patta land and survey No.251 has been classified as grama natham. Of-course, in respect of these two survey numbers, no action can be taken.

4. In respect of those two survey numbers which has been classified as cart track / road / water channel, action shall be taken as per law to have the encroachment removed. It is needless to say that all the encroachers will have 3/6

to be put on notice and due opportunity to place their case. Only after duly confirming that they are in occupation of the water channels, the encroachments will be cleared. The entire exercise shall be completed within a period of four months.

5. The Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

[G.R.S., J.] [B.P., J.] 17.07.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The District Collector cum Monitoring Committee, 2.The Assistant Director of Panchayat, Theni, Theni District.

3.The Executive Engineer, Public Works Department (Water body), Thallakulam, Madurai.

4.The Block Development Officer, Chinnamanur Panchayat Union, 4/6

5.The Tahsildar, Chinnamanur Taluk, 5/6

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

rmi W.P(MD)No.19094 of 2025 17.07.2025 6/6