Thangavelu.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2025

CORAM

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

1.The District Collector, Pudukottai District, 2.The District Revenue Officer, Pudukottai, Pudukottai District.

3.The Tahsildar, Alangudi Taluk, Pudukottai District.

4.The Executive Engineer, TANGEDCO, Pudukottai, TS.No.6101/6, Kalyanaramapuram, Thirukkokarnam, Pudukottai.

5.The Executive Officer, Alangudi Town Panchayat, 1/6

6.The President, Town Panchayat, Alangudi, 7.A.Subramanian 8.S.Saravanan 9.Selvam 10.K.Jeganathan 11.R.Soundarajan 12.S.Rethinam 13.K.Perumal 14.Mohammed Sulthan 15.Chinnappa ... 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 take appropriate action to remove the encroachments made by the respondents 7 to 15 in the water body, viz., catchment area of the village Kulam called as "Ramachandrakulam" in S.No.46-1 and 46 situated at Andikulam, Alangudi Post and Taluk, Pudukkottai District within a time stipulated by this Court. For Petitioners : Mr.A.L.Kannan For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.3, R.5 to R.7 2/6

Mr.S.Deenadhayalan Standing Counsel for R.4 Ms.A.Banumathy for R.7, R.9, R.10 & R.13 Mr.S.Chandra Sekar for R.8 No Appearance for R.11, R.12, R.14 & R.15

ORDER

Heard both sides.

2.It is not in dispute that Survey Nos.46 and 46/1 situated at Andikulam have been classified as "water bodies". It is not under the control of the fifth respondent. However, it is for the third respondent to take action. 3.The third respondent is directed to conduct survey. Before conducting survey, he has to issue notices to all the interested parties / encroachers. Based on the result of the survey, the fifth respondent will take action for removal of encroachments under the provisions of Tamil Nadu Urban Local Bodies Act, 1998. We make it clear that the fifth respondent will have to necessarily adhere to due process of law. The entire exercise shall be 3/6

completed within a period of five months from the date of receipt of a copy of this order.

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

[G.R.S., J.] [B.P., J.] 13.02.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Pudukottai District, 2.The District Revenue Officer, Pudukottai, Pudukottai District.

3.The Tahsildar, Alangudi Taluk, Pudukottai District.

4.The Executive Engineer, TANGEDCO, Pudukottai, TS.No.6101/6, Kalyanaramapuram, Thirukkokarnam, Pudukottai.

4/6

5.The Executive Officer, Alangudi Town Panchayat, 6.The President, Town Panchayat, Alangudi, 5/6

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

MGA 13.02.2025 6/6