M.Meenal Pandian v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.21084 of 2025 M.Meenal Pandian ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Block Development Officer, (Village Panchayat) Thirumangalam Panchayat Union, Madurai District.

3.The Tahsildar, Thirumangalam Taluk, Madurai District.

4.The Executive Officer, Sorikkampatty Village Panchayat, Thirumangalam Panchayat Union, Madurai District.

5.Peyapandian ... Respondents 1/5

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the Respondents Nos.2 and 3 herein to remove the encroachment in Survey Nos.428/1 and 428/2, Karadikkal Village, Sorikkampatty Panchayat, Thirumangalam Panchayat Union, Madurai District in view of representation dated 09.01.2025, within the time stipulated by this Court.

For Petitioner :Mr.M.Jothi Basu For Respondents :Mr.N.Ramesh Arumugam Government Advocate for R1 & R3 : Mr.C.Satheesh Government Advocate for R2 & R4

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for R1 to R4. Issuance of notice to R5 is dispensed with.

2. The petitioner is a resident of Karadikkal Village. According to him, in the petition mentioned water bodies, the fifth respondent has committed encroachments. The character of the water body is admitted by the official respondents. It is also stated that the fifth respondent has filed a civil suit. 2/5

A mere pendency of the civil suit without any interim injunction therein will not tie the hands of the third respondent.

3. 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.

4. The Writ Petition is disposed of accordingly. No costs. [G.R.S., J.] [B.P., J.] 07.08.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi 3/5

To 1.The District Collector, Madurai District, Madurai.

2.The Block Development Officer, (Village Panchayat) Thirumangalam Panchayat Union, Madurai District.

3.The Tahsildar, Thirumangalam Taluk, Madurai District.

4.The Executive Officer, Sorikkampatty Village Panchayat, Thirumangalam Panchayat Union, Madurai District.

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

rmi W.P(MD)No.21084 of 2025 07.08.2025 5/5