Sethuraman v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2025

CORAM

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

1.The State represented by The Principal Secretary, St.George Fort, Chennai - 600 009.

2.The District Collector, 3.The Executive Engineer, 4.The Tahsildar, Sivagangai Taluk, 5.The Block Development Officer, Kalaiyarkovil Block, Sivagangai District.

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6.Jeyamani 7.Alagarsamy 8.Vetriselvan 9.Arumugam 10.Sethuraman 11.Anandan 12.Rasu 13.Kanalingam (R.6 to R.13 were impleaded vide order of this Court dated 15.02.2024) 14.S.Krishnan 15.Manickavalli 16.Santhanalakshmi 17.Tirugnyanam 18.S.Rajangam 19.A.Alagu (R.14 to R.19 were impleaded vide order of this Court dated 26.06.2025) ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to remove all the encroachments by the public made in the Kottamadapuli Kanmai, Karadi Oorani and Vayappu Oorani, which are situated in Kottapatti, Ammanpatti Panchayat, Paganeri Post, Sivagangai Taluk, Sivagangai District, and the encroachments made in Natarasankottai - Chokkanathapuram State Highways, within a stipulated time fixed by this Court on the basis of the petitioner's representations dated 13.11.2023.

For Petitioner : Mr.S.M.Anantha Murugan For Respondents : Mr.S.Vinoth Government Advocate for R.1 to R.5 2/6

Mr.S.M.Anandamurugan for R.6 to R.13 Mr.K.Jeyamohan for R.14 to R.19

ORDER

Heard both sides.

2.The petitioner is a resident of Kottapatti Village. He alleges that the private respondents herein have committed encroachments upon the petition mentioned water bodies as well as the Natarasankottai - Chokkanathapuram State highways.

3.The stand of the private respondents is that they are all patta holders and they have not committed any encroachments. They contend that the survey was conducted behind their back and that they have been wrongly projected as encroachers. They further stated that they would be satisfied if a fresh survey is conducted in their presence.

4.We find merit in the stand taken by the private respondents. We direct the fourth respondent to conduct a fresh survey after issuing notice to all the interested persons. The State Highways authorities shall also be put on 3/6

notice. If the said survey results indicate that there are encroachments, they shall be removed by adhering to due process of law. The private respondents herein will be given full opportunity to put forth their case. The entire exercise shall be completed within a period of four 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. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [B.P., J.] 26.06.2025 1/2 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The Principal Secretary, St.George Fort, Chennai - 600 009.

2.The District Collector, 4/6

3.The Executive Engineer, 4.The Tahsildar, Sivagangai Taluk, 5.The Block Development Officer, Kalaiyarkovil Block, Sivagangai District.

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

MGA 26.06.2025 6/6