Selvam v. The District Collector,
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.18856 of 2025 Selvam ... Petitioner Vs.
1.The District Collector, Pudukkottai District.
2.The Revenue Divisional Officer, Pudukkottai District, Pudukkottai.
3.The Assistant Executive Engineer, Public Works Department (WRD), South Vellaru Sub-Basin, Pudukkkottai District.
4.The Tahsildar, Alangudi, Pudukkottai District.
5.The Block Development Officer (VP), Alangudi Panchayat Union, Pudukkottai District.
6.Ilangeravan 7.Ganeshnathan 8.Tamilarasan ... Respondents 1/5
Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the 3rd and 5th respondents to remove the encroachments made by the private respondents No.7 and 8 and other encroachers on the water channel and pathway in S.No.75, 76, 77, 88, 89, 91, 92, 93, 108, 109, 112, 113, 116, 117, 132, 133 and 199/2 in Annathanakaveri Channel and Valasamuthirakulam in Senthankudi Village, Alangudi Taluk, Pudukkottai District based on the proceedings of the 4th respondent in Na.Ka.A1/6517/2022 dated 11.10.2022 and Na.Ka.A1/0733/2025 dated 20.03.2025 with in time frame fixed by this Court. For Petitioner :Mr.N.Jeyaram Sidharth For Respondents :Mr.S.Vindh Government Advocate for R1 to R4 : Mrs.K.Malathi Additional Government Pleader for R5
ORDER
The petitioner is a resident of Senthankudi Village. In the year 2021, a fellow villager filed W.P.(MD)No.20358 of 2021 for clearing the encroachments in Periyathal Kulam situated in the village and also the surplus channel. The writ petition was disposed of on 21.12.2021 in the following terms:- 2/5
"8. In view of the above, this writ petition is disposed of with the directions to the fifth respondent to remove all the encroachments identified in the survey with the report to it for further action in the matter. The encroachments be accordingly removed within a period of three months from the date of receipt of a copy of this order. No costs."
2. The learned counsel for the petitioner states that pursuant to the said direction of the first Bench, the encroachments in the bank were cleared. But the encroachments in the channel have not been cleared and therefore, the present writ petition came to be filed.
3. When the matter was taken up for hearing, the learned Government Advocate submitted that all the petition mentioned survey numbers had already been surveyed and encroachments have been identified. He states that within a period of four months from today, not only the survey exercise will be completed, but also the encroachment will be removed. He further undertakes that all the encroachers will be given proper notice and due opportunity to place their case. Only after duly confirming that they are in occupation of the water channel, the encroachments will be cleared.
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4. Recording the stand of the learned Government Advocate, the Writ Petition is disposed of. No costs.
[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, Pudukkottai District.
2.The Revenue Divisional Officer, Pudukkottai District, Pudukkottai.
3.The Assistant Executive Engineer, Public Works Department (WRD), South Vellaru Sub-Basin, Pudukkkottai District.
4.The Tahsildar, Alangudi, Pudukkottai District.
5.The Block Development Officer (VP), Alangudi Panchayat Union, Pudukkottai District.
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G.R.SWAMINATHAN, J and B.PUGALENDHI, J.
rmi W.P(MD)No.18856 of 2025 17.07.2025 5/5