Madras High CourtWP(MD)/24372/2024disposed of

Karpagam v. The District Collector

2024-10-17Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2024

CORAM

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

1.The District Collector, Pudukottai.

2.The Tahsildar, Manamelkudi, Pudukottai District.

3.The Commissioner, Panchayat Union, Manamelkudi, Pudukottai District.

4.Reka 5.Chekkan 6.Rajalingam 7.Anand 1/4

8.Shanmuganathan 9.Thiyagarajan 10.Chinnathambi 11.Rajendran 12.Viswanathan 13.Marimuthu ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the third respondent to initiate appropriate action for removal of encroachments in the irrigation tanks in S.No.59 measuring an extent of 4.54.5 Hectares and S.No.107 measuring an extent of 3.85.5 Hectares at Kozhenthiram Revenue Village, Manamelkudi Taluk, Pudukottai District. For Petitioner : Mr.N.Balakrishnan For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader for R.1 & R.2 Mr.A.Baskaran Standing Counsel for R.3

ORDER

Heard the learned counsel appearing for the writ petitioner, the learned Additional Government Pleader appearing for the respondents 1 and 2 and the learned Standing Counsel appearing for the third respondent. 2/4

2.The petitioner alleges that there are encroachments in Survey No.59 and Survey No.107 of Kozhenthiram Revenue Kozhenthiram Village. 3.The learned Additional Government Pleader confirms that both the survey numbers have been classified as "Odai and Yenthal (water bodies)". Encroachments in water bodies cannot be permitted. 4.We direct the second respondent to conduct survey. If encroachment is noticed, by adhering to due process of law the encroachment shall be removed. Encroachers if any shall also be duly put on notice. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

5.This Writ Petition is disposed of accordingly. There shall be no order as to costs.

[G.R.S., J.] [B.P., J.] 17.10.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA 3/4

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

MGA To 1.The District Collector, Pudukottai.

2.The Tahsildar, Manamelkudi, Pudukottai District.

17.10.2024 4/4