P.Malaisamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.29539 of 2025 P.Malaisamy ... Petitioner Vs.

1.The District Collector, Theni, Theni District.

2.The Tahsildar, Aundipatti Taluk, Theni District.

3.The Assistant Executive Engineer, Water Resources Organization, Manjalaru Basin, Aundipatty, Theni District.

4.Murugan 5.Backiyam ... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the Respondents 1 to 3 to remove the encroachments made in Water Channel comprised in S.Nos.1078/1 and 1078/3, Kadamalai Kondu Village, Aundipatti Taluk, Theni District. For Petitioner :Mr.R.Murali For Respondent :Mr.C.Venkatesh Kumar Special Government Pleader for R1 to R3

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader for R1 to R3.

2. The writ petitioner is a resident of Moolakadai Village. He alleges that in the petition mentioned survey numbers, there are encroachments.

3. When the matter was taken up for hearing, the learned Special Government Pleader confirms that the petition mentioned survey numbers have been classified as water bodies. He further states that notice under Section 7 of the Land Encroachment Act has already been issued. One of the encroachers 2/4

has received, while the other one is yet to receive the same. Be that as it may, the process already initiated by the second respondent shall be carried to its logical conclusion. This exercise shall be completed within a period of four months from the date of receipt of a copy of this order. The Writ Petition is disposed of accordingly. No costs.

[G.R.S., J.] [B.P., J.] 23.10.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The District Collector, Theni, Theni District.

2.The Tahsildar, Aundipatti Taluk, Theni District.

3.The Assistant Executive Engineer, Water Resources Organization, Manjalaru Basin, Aundipatty, Theni District.

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

rmi W.P(MD)No.29539 of 2025 23.10.2025 4/4