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Madras High CourtWP(MD)/31274/2025dismissed

Sangeetha, v. The District Collector

2025-11-06Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)Nos.24470 & 24471 of 2025 Sangeetha ... Petitioner Vs.

1.The District Collector, Thanjavur District.

2.The Executive Engineer, Water Resources Department, Cauvery Section, Thanjavur.

3.The Assistant Engineer, Water Resources Department, Cauvery Section, Kumbakonam, Thanjavur District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records relating to impugned notice dated 18.07.2025 issued by the third respondent and quash the same as illegal. 1/4

For Petitioner : Mr.S.Gurumoorthy For Respondents : Mr.C.Venkatesh Kumar Special Government Pleader

ORDER

Heard both sides.

2.The petitioner challenges Form-3 notice dated 18.07.2025. It is not in dispute that the petition mentioned survey number has been classified as "water channel". The Hon'ble Division Bench had already issued a continuing mandamus for clearing all the encroachments in Kumbakonam. Since the character of the petition mentioned survey number is not in dispute, we are not in a position to interfere. The petitioner is given exactly a months time to vacate.

3.Since the petitioner claims to be a widow and that she is residing in the petition mentioned property, she is given exactly a months time from today to vacate. This is subject to the filing of undertaking affidavit by the petitioner before the third respondent.

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4.Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [B.P., J.] 06.11.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Thanjavur District.

2.The Executive Engineer, Water Resources Department, Cauvery Section, Thanjavur.

3.The Assistant Engineer, Water Resources Department, Cauvery Section, Kumbakonam, Thanjavur District.

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

MGA 06.11.2025 4/4