Marimuthu v. The District Collector/ Monetary Committee

1 W.P.(MD)NO.19503 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.19503 of 2025 Marimuthu ... Petitioner Vs.

1. The District Collector / Monitoring Committee, The Collectorate, Pudukkottai.

2. The Revenue Divisional Officer, Iluppur, Pudukkottai District.

3. The Tahsildar, Viralimalai Taluk, Pudukkottai.

4. Arockiyaraj

5. Senthil ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, issuing a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment of water tank and channel made by respondents 4 and 5 in S.F.No.49 and 97 situated at Malampatty Village, Perambur Post, Viralimalai Taluk, Pudukkottai District by considering the petitioner's representation dated 06.01.2024 within the time stipulated by this Court. 1/4

2 W.P.(MD)NO.19503 OF 2025 For Petitioner : Mr.R.Paranjothi, for M/s.KBS Law Office.

For R-1 to R-3 : Mr.C.Venkatesh Kumar, Special Government Pleader.

* * *

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for respondents 1 to 3.

2. Issuance of notice to respondents 4 and 5 is dispensed with.

3. The writ petitioner is a resident of Malampatty Village. According to him, in survey No.97 which is a water body, there are encroachments. He wants them to be removed. He has given representation dated 06.01.2025 in this regard. Since it was not considered, this writ petition came to be filed. 2/4

3 W.P.(MD)NO.19503 OF 2025

4. When the matter was taken up for admission, the learned Special Government Pleader on written instructions from the jurisdictional Tahsildar confirmed that the petition mentioned survey number has been classified as water body.

5. We direct the third respondent to take effective action so that the encroachments are cleared. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order. The third respondent shall put all the encroachers on notice and adhere to due process of law before taking action. This writ petition stands disposed of. No costs. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 24th July 2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.P.(MD)NO.19503 OF 2025 G.R.SWAMINATHAN,J.

AND B.PUGALENDHI, J.

PMU To:

1. The District Collector / Monitoring Committee, The Collectorate, Pudukkottai.

2. The Revenue Divisional Officer, Iluppur, Pudukkottai District.

3. The Tahsildar, Viralimalai Taluk, Pudukkottai.

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