C.Kasirajan v. The District Collector / Mnitoring Committee

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 C.Kasirajan ... Petitioner Vs.

1. The District Collector / Monitoring Committee, Pudukkottai.

2. The Revenue Divisional Officer, Illupur Taluk,Pudukkottai District.

3. The Tahsildar, Kulathur Taluk, Pudukkottai District.

4. The Block Development Officer, Viralimalai Panchayat Union, Viralimalai Post and Taluk, Pudukkottai District.

5. The Secretary, Kumaramangalam Village Panchayat, Kulathur Taluk, Pudukkottai District.

6. Chandra Bose

7. Thangavel

8. Meenambal ... Respondents 1/4

Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus thereby directing the respondents No.1 to 5 to remove the encroachment made by respondents No. 6 to 8th in S.No.2/2, 2/3 and S.No.3/4 of Kumaramangalam Village at once.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.C.Venkatesh Kumar, Special Government Pleader for R1 to R3 & R5 Mr.T.Amjadkhan, Government Advocate for R4

ORDER

The petitioner alleges that in the petition mentioned survey numbers, there are encroachments committed by the private respondents. Since they have not been cleared, the present writ petition has been filed.

2.When the matter was taken up for hearing, the learned Special Government Pleader undertook that by adhering to the due process of law, the third respondent will clear the encroachments. 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 dismissed. No costs. Connected miscellaneous petition is closed.

[G.R.S., J.] & [B.P., J.] 28.08.2025 Internet : Yes / No Index : Yes / No Skm To

1. The District Collector / Monitoring Committee, Pudukkottai.

2. The Revenue Divisional Officer, Illupur Taluk,Pudukkottai District.

3. The Tahsildar, Kulathur Taluk, Pudukkottai District.

4. The Block Development Officer, Viralimalai Panchayat Union, Viralimalai Post and Taluk, Pudukkottai District.

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

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