B.Nagamuthuraja v. The District Collector

1 W.P.(MD)NO.24976 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.24976 of 2025 B.Nagamuthuraja ... Petitioner Vs.

1. The District Collector, Dindigul District, Dindigul.

2. The Revenue Divisional Officer, Dindigul, Dindigul District.

3. The Tahsildar, Nilakottai Taluk, Dindigul District.

4. The Block Development Officer, Batlagundu Town Panchayat, Nilakottai Taluk, Dindigul District.

5. Murugan

6. The Executive Engineer, Water Resource Management, WRD, Manjalaru Basin, Periyakulam, Theni District.

(R-6 is suo motu impleaded vide order dated 18.09.2025) ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1/5

2 W.P.(MD)NO.24976 OF 2025 respondents 1 to 4 to remove the encroachment made by the fifth respondent in survey Nos.881 and 882/1 of Veerakuduban Kanmai, Old Batlagundu Village, Nilakottai Taluk, Dindigul District within a stipulated time that may be fixed by this Court. For Petitioner : Ms.M.Sudharani For R-1 to R-4&R-6: Mr.R.Ragavendran, Government Advocate.

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O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Government Advocate appearing for respondents 1 to 4 and 6.

2. Issuance of notice to the fifth respondent is dispensed with.

3. The petitioner is a resident of Bodinayakkanpatti Village. She alleges that the fifth respondent is letting out his fish farm effluents into the petition-mentioned water bodies. She wants action to be taken by the authorities to abate the said nuisance. She further alleged that the fifth respondent has also encroached upon the same.

4. The learned Government Advocate on written instructions states that the petition-mentioned survey numbers have been 2/5

3 W.P.(MD)NO.24976 OF 2025 classified as Periyakulam and Vedankulam.

5. It is stated that the water bodies belonged to PWD. The sixth respondent is the authority competent to take action in the matter. The third respondent is directed to conduct survey. Before conducting survey, the third respondent shall issue notice to the fifth respondent and other interested persons. The sixth respondent shall also undertake an independent inspection. If the allegations regarding pollution and encroachment turns out to be true, appropriate action shall be taken to abate them as well as to remove the encroachment. It is needless to mention that due process of law will be adhered to. The fifth respondent shall be given due opportunity to present his case. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order. This writ petition stands disposed of accordingly. No costs.

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 18th September 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 3/5

4 W.P.(MD)NO.24976 OF 2025 To:

1. The District Collector, Dindigul District, Dindigul.

2. The Revenue Divisional Officer, Dindigul, Dindigul District.

3. The Tahsildar, Nilakottai Taluk, Dindigul District.

4. The Block Development Officer, Batlagundu Town Panchayat, Nilakottai Taluk, Dindigul District.

5. The Executive Engineer, Water Resource Management, WRD, Manjalaru Basin, Periyakulam, Theni District.

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5 W.P.(MD)NO.24976 OF 2025 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.24976 of 2025 18.09.2025 5/5