Rajaram 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.20891 of 2025 Rajaram ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Usilampatti Revenue Division, Madurai District.

3.The Tahsildar, Office of the Tahsildar, Peraiyur Taluk, Madurai District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to remove the encroachments made on survey No.38 (Thirumalai Samuthira Kanmai) and on survey Nos.151, 152 and 153 (Odai Purambukal) at Kethuvarpatti village, Peraiyur Taluk in Madurai District as per the proceeding of the second respondent in Na.Ka.No. 1/4

3012/2025/C2 in accordance with law within the time stipulated by this Court. For Petitioner :Mr.P.Devarajan For Respondents :Mr.A.Kannan Additional Government Pleader

ORDER

Heard both sides.

2. The petitioner is a permanent resident of Kethuvarpatti Village in Peraiyur Taluk. He alleges that the petition mentioned survey number has been classified as water bodies and that there are encroachments. He submitted representation for removal of the encroachments. Since the authorities have not acted on his representation, the present writ petition came to be filed.

3. When the matter was taken up for hearing, the learned Additional Government Pleader submitted that the petition mentioned survey numbers are water bodies.

4. 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 2/4

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, Office of the District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Usilampatti Revenue Division, Madurai District.

3.The Tahsildar, Office of the Tahsildar, Peraiyur Taluk, Madurai District.

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

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