N.P.Nagoor Kani v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2025
CORAM
THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN and THE HON'BLE MR.JUSTICE B.PUGALENDHI N.P.Nagoor Kani ... Petitioner - Vs. -
1. The District Collector, Ramanathapuram District.
2. The Executive Engineer (Water Resources Department), Lower Vaigai Basin Division, Public Works Department, Paramakudi, Ramanathapuram District.
3. The Tahsildar Office of the Taluk, Thiruvadanai Taluk, Ramanathapuram District.
4. K.Baskar
5. G.Raja ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to remove the encroachment made by the respondent Nos.4 and 5 in Survey No.5/1 an extent of 18 acres and 78 cents in Chinna Thondi Water Channel of Thondi Village, Thiruvadanai Taluk, 1/4
Ramanathapuram District by considering the petitioner's representation dated 17.08.2024.
For Petitioner : Mr. I. Kalantar Aasik Ahamedu For Respondents : Mr.A.Kannan, Additional Government Pleader for R1 to R3
ORDER
Heard both sides.
2.The petitioner is a resident of Chinna Thondi Village. His allegation is that the petition mentioned water channel has been encroached. Seeking its removal, the present writ petition has been filed. When the matter was taken up for hearing, the learned Additional Government Pleader on written instructions given by the Assistant Engineer (Water Resources Department), Thiruvadanai submitted that survey will be undertaken and that if encroachment is found, they will be removed by adhering to the due process of law. The said undertaking is recorded.
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3.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.This writ petition is disposed of. No costs. [G.R.S., J.] & [B.P., J.] 28.08.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No Skm To
1. The District Collector, Ramanathapuram District.
2. The Executive Engineer (Water Resources Department), Lower Vaigai Basin Division, Public Works Department, Paramakudi, Ramanathapuram District.
3. The Tahsildar Office of the Taluk, Thiruvadanai Taluk, Ramanathapuram District.
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G.R.SWAMINATHAN, J and B.PUGALENDHI, J.
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