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Madras High CourtWP(MD)/27626/2024disposed of

Tamilarasi v. The District Collector / Monitoring Committee

2024-11-22Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2024

CORAM

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

1.The District Collector / Monitoring Committee, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Dindigul, 3.The Tahsildar, 4.The Block Development Officer, Sanarpatti Union, 5.The Executive Engineer, Nanganjiyaru River Basin Division, Dindigul, 1/5

6.The Assistant Engineer, Public Works Department, (Water and Irrigation), Natham Division, 7.The Village Administrative Officer, VAO Office, Vembarpatti Panchayat, 8.Alagusamy 9.Murugan ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents to remove the encroachments committed by the respondents 8 and 9 on the water tank (Kanmai) comprised in Survey No.448 situated at Vembarpatti Village, Dindigul East Taluk, Dindigul District and also from it supply channel and restore it original size on the basis of the petitioner's representation dated 06.10.2023. For Petitioner : Mr.T.Indrachithu For Respondents : Mr.P.T.Thiraviam Government Advocate for R.1 to R.3 & R.5 Mr.M.Siddharthan Additional Government Pleader for R.4 2/5

ORDER

Heard both sides.

2.It is not in dispute that Survey No.448, Vembarpatti Village has been classified as "Water body". The petitioner alleges that there is an encroachment in the water body. The official respondents undertake to conduct survey in the water body on 04.12.2024. It is further undertaken that if encroachments are noticed, they will be removed after notice to the encroachers. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order. 3.This Writ Petition is disposed of accordingly. There shall be no order as to costs.

[G.R.S., J.] [B.P., J.] 22.11.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA 3/5

To 1.The District Collector / Monitoring Committee, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Dindigul, 3.The Tahsildar, 4.The Block Development Officer, Sanarpatti Union, 5.The Executive Engineer, Nanganjiyaru River Basin Division, Dindigul, 6.The Assistant Engineer, Public Works Department, (Water and Irrigation), Natham Division, 7.The Village Administrative Officer, VAO Office, Vembarpatti Panchayat, 4/5

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

MGA 22.11.2024 5/5