Madras High CourtWP(MD)/20438/2025allowed

Sakthisivam v. The District Collector

2025-07-30Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

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.20438 of 2025 Sakthisivam ... Petitioner Vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The District Revenue Officer, Thanjavur District, Thanjavur.

3.The Revenue Divisional Officer (Orathanadu) Thanjavur District, Thanjavur.

4.The Thasildar, Orathanadu Taluk, Thanjavur District, Thanjavur.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the 4th respondent to remove the encroachments as per the direction issued by the 1st respondent by his memorandum dated 22.05.2025 and 04.06.2025 made on the Earipannai Channel situated at survey 1/4

numbers 107A/2, 398/1, 399/1, 400/1, 502/1 and 503/1, leading to Sadaiyan lake situated at Kulamangalam Village, Orathanadu Taluk, Thanjavur District. For Petitioner :Mr.T.Sekar For Respondents :Mr.S.Vinoth Government Advocate

ORDER

Heard the learned counsel on either side.

2. The petitioner is a resident of Kulamangalam Village. The petitioner had sought removal of the encroachment found in Survey Nos. 107A/2, 398/1, 399/1, 400/1, 502/1 and 503/1, in Kulamangalam Village.

3. 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. 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, Thanjavur District, Thanjavur.

2.The District Revenue Officer, Thanjavur District, Thanjavur.

3.The Revenue Divisional Officer (Orathanadu) Thanjavur District, Thanjavur.

4.The Thasildar, Orathanadu Taluk, Thanjavur District, Thanjavur.

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

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