Kanthaiah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.21861 of 2025 Kanthaiah ... Petitioner Vs.

1.The District Collector, Collector Office, Pudukkottai.

2.The Revenue Divisional Officer, O/o.Revenue Divisional Office, Pudukkottai.

3.The Tahsildar, Thirumayam Taluk Office, Pudukkottai.

4.The Block Development Officer, Arimalam Panchayat Union, Arimalam, Pudukkottai.

5.The Assistant Engineer, Water Resources Department, Irrigation Division, Arimalam, Pudukkottai.

... Respondents 1/5

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 5 to take action to remove the encroachments from the water channels passes through the SF.Nos.6/5, 259/13, 446/15, 456/24, 456/26, 462/11, 463/8, 464/28, 232/4, 233/2, 234/3, 236/6, 237/12, 419/1, 419/2, 419/3, 419/4, 419/5, 163/1, 196/10, 198, 203, 206, 211, 212/5, 1, 370, 371, 372, 421, 432, 343, 435, 436,93/16, 93/31, 96/4, 337/1, 337/5, 338/1, 339/1, 340/3, 341/1, 342/2, 348/5, 358/1, 359/4, 360/9, 361/1, 362/4, 364/4, 368/3, 369/2, 139/49, 139/50, 121, 122, 123/1, 142/5 and 143/8 of three tanks namely Nathiran Kanmai, Pappan Kanmai of K.Rayapuram Revenue Village, Thirumayam Taluk, Pudukkottai District and restore the channel and protect the same within a time stipulated by this Court. For Petitioner :Mr.A.Arul Jenifer For Respondents :Mr.S.Vinodh Government Advocate for R1 to R3 & R5 : Mr.C.Satheesh Government Advocate

ORDER

Heard both sides.

2. The petitioner is a resident of K.Rayapuram Village. He alleges that in the water channel that passes through the petition mentioned survey numbers, there are encroachments.

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3. When the matter was taken up for hearing, the learned Government Advocate confirms that the water channel does pass through the petition mentioned survey numbers.

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 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 six 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.] 14.08.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi 3/5

To 1.The District Collector, Collector Office, Pudukkottai.

2.The Revenue Divisional Officer, O/o.Revenue Divisional Office, Pudukkottai.

3.The Tahsildar, Thirumayam Taluk Office, Pudukkottai.

4.The Assistant Engineer, Water Resources Department, Irrigation Division, Arimalam, Pudukkottai.

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

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