Madras High CourtWP(MD)/20903/2025disposed of

Jebadass v. The District Collector / District Monitory

2025-07-30Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi5 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.20903 of 2025 Jebadass ... Petitioner Vs.

1.The District Collector / District Monitory, District Collector Office, 2.The Revenue Divisional Officer, Revenue Divisional Office, Sivakasi, 3.The Tahsildar, Tahsildar Office, Rajapalayam, 4.The Revenue Inspector, Revenue Inspector Office, Solapuram, Rajapalayam Taluk, 5.The Village Administrative Officer, Village Administrative Office, Rajapalayam Taluk, 1/5

6.Susai ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents No.1 to 5 to remove the encroachment by demolishing the fencing gate illegally constructed by the 6th respondent in Survey No.378/1 (Theivathikulam Kanmai Land) and Survey No. 385 (Water Channel land) at South Venganallur Village, Rajapalayam Taluk, Virudhunagar District on the basis of petitioner's representation dated 18.06.2025.

For Petitioners :Mr.S.Balaji Nivas For Respondents :Mr.N.Ramesh Arumugam Government Advocate for R1 to R5.

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for R1 to R5. Issuance of notice to R6 is dispensed with.

2. The petitioner had sought removal of the encroachment found in Survey Nos.378/1 & 385 in Venganallur Village. 2/5

3. It is not in dispute that it is a water body. In this view of the matter, we direct the third 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.

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 / District Monitory, District Collector Office, 2.The Revenue Divisional Officer, Revenue Divisional Office, Sivakasi, 3/5

3.The Tahsildar, Tahsildar Office, Rajapalayam, 4.The Revenue Inspector, Revenue Inspector Office, Solapuram, Rajapalayam Taluk, 5.The Village Administrative Officer, Village Administrative Office, Rajapalayam Taluk, 4/5

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

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