Madras High CourtWP(MD)/27541/2024disposed of

Ganesan v. The District Collector / District Monitoring Committee

2024-11-22Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2024

CORAM

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

1.The District Collector / District Monitoring Committee, Ramanathapuram, 2.The Revenue Divisional Officer, Paramakudi Taluk, 3.The Tahsildar, Mudukulathur Taluk, 4.The Assistant Executive Engineer, PWD, Mudukulathur Taluk, 5.Mohammad Rasaak 1/4

6.Sathaiya 7.Arumugam 8.Muniammal 9.Karuppusamy 10.Dhanabal ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 4 to remove the encroachment made by the respondents 5 to 10 in Survey Nos.266/1 and 266/3 from their village Lake called Chinnakanmay (Therkanmay) in government - owned land, at Theriruveli Village, Mudukulathur Taluk, Ramanathapuram District by within stipulated time by this Court.

For Petitioner : Mr.M.M.Iqbal For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader for R.1 to R.4

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 4. 2.The petitioner alleges that in the petition mentioned survey numbers there are encroachments and that they should be removed. 2/4

3.The learned Additional Government Pleader informed the Court that Survey No.266/1 has been classified as "Road" whereas Survey No.266/3 has been classified as "water body". Survey has already been conducted and as many as 6 persons have been encroached the water body. 4.We direct the fourth respondent to issue notices to the aforesaid 6 persons and take appropriate action for removal of encroachment. Due process of law will be adhere to. The entire exercise shall be completed within a period of three 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.] 22.11.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector / District Monitoring Committee, Ramanathapuram, 3/4

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

MGA 2.The Revenue Divisional Officer, Paramakudi Taluk, 3.The Tahsildar, Mudukulathur Taluk, 4.The Assistant Executive Engineer, PWD, Mudukulathur Taluk, 22.11.2024 4/4