P.Rajarathinam, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.17604 of 2018 P.Rajarathinam ... Petitioner Vs.

1.The District collector, Thanjavur District, 2.The District Revenue Officer, District Revenue Office, 3.The Revenue Divisional Officer, Pattukottai Taluk, 5.The Executive Engineer, Public Works Department (WRO), Kallanai Channel Division, 6.The Assistant Executive Engineer, Public Works Department (WRO), 1/5

Town Division No.2 (Kallanai Channel), 7.Amarajothi 8.M.Sathiyaseelan ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 6 to remove the encroachment made by the 7th and 9th respondents in "Visiyathi Oodai" in respect of S.F.Nos.77, 299, 300/1 and 232, situated at Soorappallam Village, Pattukottai Taluk, Thanjavur District.

For Petitioner : Mr.V.Muthukamatchi For Respondents : Mr.C.Venkatesh Kumar Special Government Pleader for R.1 to R.6 Mr.S.Prabhu for R.7 & R.8

ORDER

Heard both sides.

2.The petitioner has passed away. However, this Public Interest Litigation will not abate on account of the petitioner's death. The prayer in this writ petition is for removing the encroachment made in a water body. 2/5

3.The learned Special Government Pleader confirms that the petition mentioned survey numbers have been classified as "water body". 4.We direct the fourth respondent to issue notice to the respondents 7 and 8 as well as other persons if any for conducting survey. If encroachments are found in the water body, they shall be removed. The respondents 7 and 8 and other encroachers shall be given proper opportunity to place their case. The entire exercise shall be completed within a period of six months from the date of receipt of a copy of this order.

5.This writ petition is allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [B.P., J.] 12.06.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District collector, Thanjavur District, 3/5

2.The District Revenue Officer, District Revenue Office, 3.The Revenue Divisional Officer, Pattukottai Taluk, 5.The Executive Engineer, Public Works Department (WRO), Kallanai Channel Division, 6.The Assistant Executive Engineer, Public Works Department (WRO), Town Division No.2 (Kallanai Channel), 4/5

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

MGA 12.06.2025 5/5