Periannan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.20345 of 2025 Periannan ... Petitioner Vs.

1.The District Collector, Collectorate, Sivagangai.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

3.The Revenue Divisional Officer, Devakottai, 4.The Tahsildar, 5.The Block Development Officer, Sakkottai Panchayat Union, Puduvayal Post, 1/5

6.The Executive Officer, Kandanur Town Panchayat, Kandanur, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the 1st respondent and his servant or agent to remove the encroachment available in the Survey No.16, 155, 157 and 159 of Palaiyur Revenue Village of Karaikudi Taluk and make available passage for public movement without any restriction, by considering the petitioner's representation, dated 27.03.2025 within the time fixed by this Court. For Petitioners :Mr.K.K.Samy For Respondents :Mr.N.Ramesh Arumugam Government Advocate for R1 to R4 : Mr.M.Gangatharan for R5 & R6

ORDER

Heard the learned counsel for the writ petitioner and the learned Government Advocate appearing for the official respondents. Issuance of notice to the private respondents is dispensed with. 2/5

2. The petitioner is a resident of Palaiyur Village. According to him, the petition mentioned survey numbers are water bodies and that the private respondents have encroached upon the same.

3. When the matter was taken up for hearing, the learned Government Advocate on written instructions from the Tahsildar, Karaikudi submitted that the numbers given by the writ petitioner are incorrect and that the survey No. 157 alone has been classified as water body. He concedes that there are encroachment in the said survey number.

4. In this view of the matter, we direct the fourth respondent to conduct survey. Notice shall be given to all the interested persons & encroachers before conducting survey. If the survey results indicate that there are encroachments in the water body, the same shall be removed. All the encroachers shall not only be put on notice but also given due opportunity. All the encroachments shall be cleared within a period of four months from the date of receipt of a copy of this order.

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5. The Writ Petition is disposed of accordingly. We grant liberty to the petitioner to file a fresh writ petition for clearing the encroachments in the Government poromboke lands. No costs.

[G.R.S., J.] [B.P., J.] 30.07.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The District Collector, Collectorate, Sivagangai.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

3.The Revenue Divisional Officer, Devakottai, 4.The Tahsildar, 4/5

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

rmi W.P(MD)No.20345 of 2025 30.07.2025 5/5