Theni Upavatinila Neerinai Payanpaduttuvor Sangarm (Tnr-Iii) v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.29302 of 2024 Theniupavatinila Neerinaipayanpaduttuvor Sangam (TNR-III), Represented by its President, M.Muthukrishnan, Manjalar Basin Division, Theni Taluk and District.

... Petitioner Vs.

1.The District Collector, Office of the District Collector, Theni.

2.The Revenue Divisional Officer, Revenue Divisional Office of Periyakulam, Theni District.

3.The Executive Engineer, Manjalar Basin Division, Periyakulam, Theni District.

4.The Assistant Executive Engineer, Manjalar Basin Division, Periyakulam, Theni District.

... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to remove the encroachments and the water Hyacinth and to take appropriate action for the renovation and restoration of "Mandhaikulamkanmai" and "Meerusamuthiramkanmai" which are vital water bodies located in Allinagaram, Theni by considering the representation of the petitioner dated 10.10.2024 in accordance with law within a time stipulated by this Court.

For Petitioner :Mrs.R.Durgadevi For Respondents :Mr.G.V.Vairam Santhosh Additional Government Pleader

ORDER

Heard both sides.

2. All that the petitioner seeks is that the petition mentioned twin water bodies should be kept free of encroachments. The petitioner alleges that the water hyacinth virtually swamped by two water bodies.

3. The learned Additional Government Pleader concedes that as many as 88 persons have committed encroachment. Encroachment on water body cannot be permitted. We therefore direct the third respondent to issue notices to 2/4

all the encroachers and ensure that the water bodies are cleared of all the encroachment. The entire exercise shall be completed within a period of six months from the date of receipt of a copy of this order. Since the water bodies are the sole source of irrigation in the surrounding villages, they will also ensure that water hyacinth are also cleared.

4. The Writ Petition is allowed accordingly. No costs. [G.R.S., J.] [B.P., J.] 31.01.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The District Collector, Office of the District Collector, Theni.

2.The Revenue Divisional Officer, Revenue Divisional Office of Periyakulam, Theni District.

3.The Executive Engineer, Manjalar Basin Division, Periyakulam, Theni District.

4.The Assistant Executive Engineer, Manjalar Basin Division, Periyakulam, Theni District.

3/4

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

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