Madras High CourtWP(MD)/29671/2025disposed of

Jeyakodi v. The Assistant Engineer

2025-10-23Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

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.29671 of 2025 and W.M.P.(MD)Nos.22999 & 23000 of 2025 Jeyakodi ... Petitioner Vs.

The Assistant Engineer, Water Resources Department (WRD), Cauvery Section, Kumbakonam, Thanjavur District.

... Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Eviction Notice issued by the respondent dated 18.07.2025 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis in so far as the petitioner is concerned and consequently forbearing the respondent and his men or agents not to disturb the petitioners house situated at No. 35 Backside of Government Hospital, Chellam Nagar, Kumbakonam, Thanjavur District.

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For Petitioner :Mr.P.Krishnasamy For Respondent :Mr.M.Gangadharan Government Advocate

ORDER

Heard both sides.

2.The petitioner challenges the Form 3 notice dated 18.07.2025 issued by the respondent. It is not in dispute that Survey No.64 has been classified as "Thiravidam". The petitioner has not enclosed any material in the typed set of papers to show his ownership or title over the said survey number. The Hon'ble Division Bench had issued a continuing mandamus for clearing all the encroachments in Kumbakonam in a PIL filed by one Elephant Rajendran. The impugned notice was issued only pursuant to the said direction. Since the character of Survey No.64 is not in dispute, we are not in a position to interfere in the matter. Subject to filing of an affidavit of undertaking before the respondent, the petitioner is given two months from the date of receipt of copy of this order to vacate the house which is the offending construction. 2/4

3.This writ petition is dismissed. No costs. Connected miscellaneous petitions are closed.

[G.R.S., J.] [B.P., J.] 23.10.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To The Assistant Engineer, Water Resources Department (WRD), Cauvery Section, Kumbakonam, Thanjavur District.

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

rmi W.P(MD)No.29671 of 2025 23.10.2025 4/4