Madras High CourtWP(MD)/22054/2024disposed of

Karupaiyan v. The District Collector/Monitoring Committee

2024-09-19Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi5 pages

1 W.P.(MD)NO.22054 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.22054 of 2024 Karupaiyan ... Petitioner Vs.

1. The District Collector / Monitoring Committee, District Collector Office, Thanjavur.

2. The Revenue Divisional Officer, Pattukottai, Thanjavur.

3. The Tahsildar, Thiruvonam Taluk, Thanjavur District.

4. The Block Development Officer(Village Panchayat) Vengarai Panchayat Union Office, Thiruvonam Taluk, Thanjavur.

5. The Executive Engineer, Kallanai Canal Line, Thanjavur.

6. The Assistant Engineer, Kallanai Canal Line, Thanjavur.

7. Chellasami Udaiyar

8. Gunasekaran ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 6 to 1/4

2 W.P.(MD)NO.22054 OF 2024 take appropriate legal action as against the respondents 7 and 8 to remove the encroachment in water pathway(vaali) in survey No.268 at Vengarai Village, Orathanadu Taluk, Thanjavur District by considering the petitioner's representation dated 01.07.2024 within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.T.Eashwar For R-1 to R-6 : Mr.G.V.Vairam Santhosh, Additional Government Pleader.

* * *

O R D E R

When the matter was taken up for hearing, the learned Additional Government Pleader confirmed that survey No.268 of Vengarai Village has been classified as channel. The sixth respondent has already written to the third respondent to conduct survey.

2. We direct the third respondent to complete the survey exercise within a period of eight weeks from the date of receipt of a copy of this order. Notices will be issued to the interested persons including respondents 7 and 8. If the survey exercise reveals existence of encroachment, it shall be removed. Due process of law shall be adhered to. The entire exercise will be completed within a period of four months 2/4

3 W.P.(MD)NO.22054 OF 2024 from the date of receipt of a copy of this order. This writ petition stands disposed of accordingly. No costs.

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 19th September 2024 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The District Collector / Monitoring Committee, District Collector Office, Thanjavur.

2. The Revenue Divisional Officer, Pattukottai, Thanjavur.

3. The Tahsildar, Thiruvonam Taluk, Thanjavur District.

4. The Block Development Officer(Village Panchayat) Vengarai Panchayat Union Office, Thiruvonam Taluk, Thanjavur.

5. The Executive Engineer, Kallanai Canal Line, Thanjavur.

6. The Assistant Engineer, Kallanai Canal Line, Thanjavur.

3/4

4 W.P.(MD)NO.22054 OF 2024 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.22054 of 2024 19.09.2024 4/4

5 W.P.(MD)NO.22054 OF 2024 5/4