Madras High CourtWP(MD)/22794/2023disposed of

Sivakumar.S v. The District Collector

2023-09-20Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI S.Sivakumar ... Petitioner Vs.

1.The District Collector, Pudukkottai, Pudukkottai District.

2.The Revenue Divisional Officer (RDO), Collectorate Office, Pudukkottai, Pudukkottai District.

3.The Tahsildar, Aranthangi Taluk, Aranthangi, Pudukkottai District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to act forthwith on the petitioner's representation dated 24.04.2023 immediately by taking necessary legal action 1/4

to remove Encroachments and to demolish the illegal and Unauthorized Constructions thereon put up by the Encroachers / occupants in respect of the Water Bodies Areas (Water Channels) being the Government Lands as per Revenue Records comprised in Survey No.198/4 situated in Rathinakkottai Village, Aranthangi Taluk, Pudukkottai District and further direct the respondents to maintain the Government Lands and Water Channel as per the revenue records comprised in S.F.No.198 in accordance with village map without any encroachments in future.

For Petitioner : Mr.N.P.Sivachakravarthi For Respondents : Mr.M.Siddharthan Additional Government Pleader

ORDER

Heard both sides.

2. The petitioner wants the petition mentioned encroachments to be removed.

3. The existence of encroachments is conceded by the respondents. However, the learned Additional Government Pleader submits that it would take atleast three months to clear the encroachments. 2/4

4. We record the stand taken by the respondents. The respondents are directed to strictly adhere to the due process of law. No dwelling house or premises shall be demolished without proper notice. After adhering due process of law, encroachment shall be removed.

5. This writ petition is disposed of accordingly. There shall be no order as to costs.

[G.R.S., J.] [B.P., J.] 20.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Pudukkottai, Pudukkottai District.

2.The Revenue Divisional Officer (RDO), Collectorate Office, Pudukkottai, Pudukkottai District.

3.The Tahsildar, Aranthangi Taluk, Aranthangi, Pudukkottai District.

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

MGA 20.09.2023 4/4