Madras High CourtWP(MD)/25596/2025disposed of

Theethayee v. The District Collector

2025-09-18Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

1 W.P.(MD)NO.25596 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.25596 of 2025 Theethayee ... Petitioner Vs.

1. The District Collector, Pudukkottai District, Pudukkottai.

2. The Revenue Divisional Officer, Illuppur, Pudukkottai District.

3. The Tahsildar, Kulathur Taluk, Pudukkottai District.

4. Sivapathi Anandar ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, issuing a Writ of Mandamus, directing the respondents 1 to 3 herein to remove the encroachment and obliterate in the water channel (Government poramboke vari) encroachment made by the fourth respondent comprised in survey No.1/5 to an extent of 1.0.00 Hectares situated at Koothanipatti, Irumbali Village, 1/4

2 W.P.(MD)NO.25596 OF 2025 Kulathur Taluk, Pudukkottai District by taking necessary action against the fourth respondent based on the petitioner's representation dated 28.02.2025.

For Petitioner : Mr.G.Mathavan For R-1 to R-3 : Mr.C.Venkatesh Kumar, Special Government Pleader.

* * *

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for the respondents 1 to 3.

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

3. The petitioner is a resident of Irumbali village. She alleges that survey No.1/5 which has been classified as water body, has been encroached by the private respondent. She wants the same to be removed. Hence, this writ petition has been filed. 2/4

3 W.P.(MD)NO.25596 OF 2025

4. When the matter was taken up for hearing, the learned Special Government Pleader confirmed that survey No.1/1 and survey No.1/5 have been classified as Vari(water body). He further states that notice has been issued and survey is to be held on 26.09.2025. We mandate that appropriate notice should be issued not only to the fourth respondent but also to the other interested persons before conducting survey.

5. The third respondent is directed to conduct survey and if the encroachments are noticed, then by adhering to due process of law, the encroachments shall be removed. The entire exercise will 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 3/4

4 W.P.(MD)NO.25596 OF 2025 G.R.SWAMINATHAN,J.

AND B.PUGALENDHI, J.

PMU To:

1. The District Collector, Pudukkottai District, Pudukkottai.

2. The Revenue Divisional Officer, Illuppur, Pudukkottai District.

3. The Tahsildar, Kulathur Taluk, Pudukkottai District.

W.P.(MD)No.25596 of 2025 18.09.2025 4/4