Ramalingam v. The District Collector / Monitoring Committee

1 W.P.(MD)NO.26635 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.26635 of 2024 Ramalingam ... Petitioner Vs.

1. The District Collector /Monitoring Committee, Pudukottai District, Pudukottai.

2. The Tahsildar, Kulathur Taluk, Kiranur, Pudukottai District.

3. The Executive Officer, Water Resources Department South, Vellaru Watershed, Pudukottai District.

4. The Block Development Officer, Viralimalai Union, Viralimalai, Pudukottai District.

5. S.Saravanan (R-4 & R-5 are impleaded vide order dated 27.02.2025 in W.M.P.(MD)No.25760 of 2024) ... Respondents 1/7

2 W.P.(MD)NO.26635 OF 2024 Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to inspect and demolish the encroached buildings in Kurukathaankulam in S.No.95/2, situate in Palandipatti Village, Kulathur Taluk, Pudukkottai District, so as to allow the uninterrupted flow of water to the pond, based on the petitioner's representation dated 27.09.2024.

For Petitioner : Mr.S.Sathyachidambaram For R-1 to R-4 : Mr.K.Balasubramani, Special Government Pleader.

For R-5 : Mr.B.Anandan * * *

O R D E R

Heard both sides.

2. This writ petition has been filed to remove the encroachments and constructions that have come up in survey No.95/2, Palandipatti Village, Kulathur Taluk, Pudukkottai District, in Kurukathaankulam.

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3. We have been consistently holding that the constructions even of Government buildings cannot be allowed to put up in the water bodies.

4. We therefore direct the first respondent to ensure that all the encroachments as well as constructions in the petition mentioned water body are cleared within next three months. We cannot stop there. The Block Development Officer, Village Panchayat, Viralimalai filed status report. The details are as follows:- 3/7

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5. We had a look at the photographs. We are fully satisfied that the constructions have been overvalued. It is impossible that a sum of Rs.12,01,000/- could have been required to be spent for putting up steps (item No.5). For constructing a water tank, a sum of Rs.4,40,000/- has been spent. Instead of spending such a huge amount, a syntax tank could have been installed. The District Collector, Pudukottai District is called upon to verify the amounts spent for each of the constructions by the respective departments. If it is seen that the department has been over-billed, surcharge 5/7

6 W.P.(MD)NO.26635 OF 2024 proceedings will be initiated against the erring officials. This exercise shall be completed within a period of five months from the date of receipt of a copy of this order. This writ petition stands allowed accordingly. No costs.

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 18th March 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The District Collector /Monitoring Committee, Pudukottai District, Pudukottai.

2. The Tahsildar, Kulathur Taluk, Kiranur, Pudukottai District.

3. The Executive Officer, Water Resources Department South, Vellaru Watershed, Pudukottai District.

4. The Block Development Officer, Viralimalai Union, Viralimalai, Pudukottai District.

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7 W.P.(MD)NO.26635 OF 2024 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.26635 of 2024 18.03.2025 7/7