L.Suresh Kumar v. The District Collector / Monitoring Committee

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.20312 of 2025 L.Suresh Kumar ... Petitioner Vs.

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

2.The Assistant Executive Engineer, Public Works Department, (Irrigation Division) Vadakkankulam, Radhapuram Taluk, Tirunelveli District.

3.The Tahsildar, Radhapuram Taluk, Tirunelveli District.

4.Ramkumar 5.Nickson ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 2 and 3 to remove the 1/4

encroachment made by the respondents 4 and 5 in Survey No. 460/2 and 456/2, Palavur Part 2 Village, Radhapuram Taluk, Tirunelveli District, by considering the petitioner's representation dated 07.04.2025 within the time that may be stipulated by this Court.

For Petitioner :Mr.M.Mahaboob Athiff For Respondents :Mr.A.Kannan Additional Government Pleader for R1 to R3

ORDER

Heard the learned counsel for the petitioner and the learned Additional Government Pleader for R1 to R3. Issuance of notice to the private respondents is dispensed with.

2. The petitioner is a resident of Palavur Village, Radhapuram Taluk. He alleges that the petition mentioned survey numbers have been classified as water bodies and that they have been encroached upon by the respondents 4 &

5. According to him, even though the encroachment originally committed by the fourth respondent and another person was removed, the respondents 4 & 5 have re-encroached. They appear to have put up fencing also and grown trees. 2/4

3. We direct the second respondent to take immediate action to ensure that all the trees standing in the water bodies are cut and removed. The water bodies shall be restored to its original position. This shall be done within a period of eight weeks from the date of receipt of a copy of this order. The Writ Petition is allowed. 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 / Monitoring Committee, Tirunelveli District, Tirunelveli.

2.The Assistant Executive Engineer, Public Works Department, (Irrigation Division) Vadakkankulam, Radhapuram Taluk, Tirunelveli District.

3.The Tahsildar, Radhapuram Taluk, Tirunelveli District.

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

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