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Madras High CourtWP(MD)/30830/2025disposed of

G.K.Senthil Kumar, v. The District Collector,

2025-10-30Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI 1.G.K.Senthil 2.C.Kasirajan ... Petitioners Vs.

1.The District collector / Monitoring Committee, Pudukkottai.

2.The District Revenue Officer, 3.The Revenue Divisional Officer, Illupur Taluk, Pudukkottai District.

4.The Assistant Director of Panchayat, 5.The Deputy Director of Town and Country Planning, 6.The Tahsildar, Kulathur Taluk, 1/6

7.The Block Development Officer, Viralimalai Panchayat Union, Viralimalai Post and Taluk, 8.Magizh Property Development, Represent by its Managing Director, Amirtha Sankar Ayya.

9.Sree Kumaran Promoters, Represent by its Managing Partner, Jeganath.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents No.1 to 7 to remove the encroachment made by the 8th and 9th respondent in S.F.No.67/6 of Kumaramangalam Village, Kulathur Taluk and Pudukkottai District at once.

For Petitioners : Mr.P.Ganapathi Subramanian For Respondents : Mr.M.Gangatharan, Government Advocate for R1 to R6.

Mr.C.Venkatesh Kumar, Spl. Government Pleader for R7.

Mr.Dinesh Harihara Sudharsan for R8 & R9

ORDER

Heard both sides.

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2.It is not in dispute that a channel runs through S.No.67/6 in Kumaramangalam Village, Kulathur Taluk, Pudukkottai District. The allegation of the writ petitioner is that the lay out promoter has encroached upon the said channel. This is denied by the private respondents. According to them, even while developing the lay out, they have taken care to construct a parapet wall and that there is free flow of water through the said wall and that agriculturist in the vicinity are also being benefited. This submission of the private respondents is placed on record. We, however, direct the revenue authorities to conduct survey and ensure that the dimensions of the water channel are maintained for all times to come.

3.This writ petition is disposed of accordingly. No costs. (G.R.S.J.,) & (B.P.J.,) 30.10.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/6

To:- 1.The District collector / Monitoring Committee, Pudukkottai.

2.The District Revenue Officer, 3.The Revenue Divisional Officer, Illupur Taluk, Pudukkottai District.

4.The Assistant Director of Panchayat, 5.The Deputy Director of Town and Country Planning, 6.The Tahsildar, Kulathur Taluk, 7.The Block Development Officer, Viralimalai Panchayat Union, Viralimalai Post and Taluk, 4/6

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 30.10.2025 (2/2) 6/6