Radhika Shanmugam v. The District Collector
1 W.P.(MD)NO.22213 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.22213 of 2023 Radhika Shanmugam ... Petitioner Vs.
1. The District Collector, Collectorate, Pudukottai District.
2. The District Revenue Officer, O/o.District Revenue Officer, Aranthangi, Pudukottai District.
3. The Revenue Divisional Officer, O.o.District Revenue Officer, Aranthangi, Pudukottai District.
4. The Executive Engineer, Public Works Department, Water Resource Department, Pudukottai District.
5. The Assistant Executive Engineer, Public Works Department, Water Resource Department, Aranthangi, Pudukottai District.
6. Ravi @ Ravichandran
7. The Tahsildar, Aranthangi, Pudukottai District.
(R-7 is suo motu impleaded vide order dated 05.03.2024) ... Respondents 1/4
2 W.P.(MD)NO.22213 OF 2023 Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment made by the 6th respondent herein on Allarai Ari Kanmoi situated at S.No.56/1 of Kundagavayal Vilalge, Aranthangi Taluk, Pudukkottai District based on the representation dated 01.08.2023 and 12.08.2023.
For Petitioner : Mr.J.Prabhu For R1 to R5&R7 : Mr.V.Nirmal Kumar, Government Advocate.
For R6 : No appearance.
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O R D E R
Heard both sides.
2. The petitioner alleges that the petition-mentioned water body has been partly encroached, He wants the same to be removed.
3. Notice was ordered. The Tahsildar, Aranthangi has given a rather evasive response.
4. We are not satisfied with the same. The official respondents 1 to 5 are directed to conduct survey of the petition-mentioned water body. If the encroachments are identified, they shall be removed after adhering to due process of law. We grant six months time to the official respondents 2/4
3 W.P.(MD)NO.22213 OF 2023 to carry out the exercise. This writ petition stands allowed accordingly. No costs.
(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 05th March 2024 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:
1. The District Collector, Collectorate, Pudukottai District.
2. The District Revenue Officer, O/o.District Revenue Officer, Aranthangi, Pudukottai District.
3. The Revenue Divisional Officer, O.o.District Revenue Officer, Aranthangi, Pudukottai District.
4. The Executive Engineer, Public Works Department, Water Resource Department, Pudukottai District.
5. The Assistant Executive Engineer, Public Works Department, Water Resource Department, Aranthangi, Pudukottai District.
6. The Tahsildar, Aranthangi, Pudukottai District.
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4 W.P.(MD)NO.22213 OF 2023 G.R.SWAMINATHAN, J.
AND B.PUGALENDHI, J.
PMU W.P.(MD)No.22213 of 2023 05.03.2024 4/4
5 W.P.(MD)NO.22213 OF 2023 5/4