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Madras High CourtWP(MD)/23381/2025disposed of

Mariyam Beevi v. The Principal Secretary/Revenue And Disaster Management,

2025-09-04Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi5 pages

1 W.P.(MD)NO.23381 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)Nos.23381 to 23386 of 2025 AND W.M.P.(MD)Nos.18364 to 18368 & 18371 of 2025 Mariyam Beevi ... Petitioner in W.P.(MD)No.23381 of 2025 Noorjahan ... Petitioner in W.P.(MD)No.23382 of 2025 Ummalbakra Sulthan ... Petitioner in W.P.(MD)No.23383 of 2025 Rajapunnisha ... Petitioner in W.P.(MD)No.23384 of 2025 Mohamed Abdul Rahman ... Petitioner in W.P.(MD)No.23385 of 2025 Rukkiya Beevi ... Petitioner in W.P.(MD)No.23386 of 2025 Vs.

1. The Principal Secretary/ Revenue and Disaster Management, Ezhilagam, Chepauk, Chennai.

2. The District Collector, Pudukkottai District.

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2 W.P.(MD)NO.23381 OF 2025

3. The Revenue Divisional Officer, Aranthangi Taluk, Pudukkottai District.

4. The Tahsildar, Manamelkudi Taluk Office, Manamelkudi Taluk, Pudukkottai District.

5. The Block Development Officer, Manamelkudi Block Development Office, Manamelkudi Taluk, Pudukkottai District.

... Respondents in all W.Ps.

Common Prayer: Writ petitions filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the second respondent from taking any coercive step in S.F.No.225 Vichur Village, Manamelkudi Taluk, Pudukkottai District on the basis of the order passed by the second respondent dated 28.09.2024 in Na.Ka.No.E1-1718544-2024 pending disposal of the revision filed by the petitioner under Section 10A(1)(c) of Tamil Nadu Land Encroachment Act, 1905 before the first respondent / Principal Secretary, Revenue and Disaster Management, by considering the petitioner's representation dated 11.08.2025. (in all W.Ps.) For Petitioner : Mr.A.Aruljenifer For R-1 to R-4 : Mr.C.Venkatesh Kumar, Special Government Pleader.

For R-5 : Mr.Shaji Bino * * * 2/4

3 W.P.(MD)NO.23381 OF 2025 C O M M O N O R D E R Heard both sides.

2. The petitioners herein are admittedly in occupation of a water body. Therefore, they were rightly directed to be evicted. Their appeal before the District Collector was also dismissed. The District Collector had however taken care to issue direction to the jurisdictional Tahsildar to identify the eligible persons and allot them alternative sites. The writ petitioners have put up dwelling houses subject to their filing undertaking affidavit before the Tahsildar, fourth respondent herein. If the writ petitioners do not file affidavit of undertaking or fail to abide by the undertaking at the end of the aforesaid period, the authorities shall evict them without issuing any further notice. These writ petitions stand disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 04th September 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 3/4

4 W.P.(MD)NO.23381 OF 2025 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU To:

1. The Principal Secretary/ Revenue and Disaster Management, Ezhilagam, Chepauk,Chennai.

2. The District Collector, Pudukkottai District.

3. The Revenue Divisional Officer, Aranthangi Taluk, Pudukkottai District.

4. The Tahsildar, Manamelkudi Taluk Office, Manamelkudi Taluk, Pudukkottai District.

5. The Block Development Officer, Manamelkudi Block Development Office, Manamelkudi Taluk, Pudukkottai District.

W.P.(MD)No.23381 of 2025 04.09.2025 4/4

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