S.Jaheer Usain v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI S.Jaheer Usain ... Petitioner Vs.

1.The District Collector, Virudhunagar, Virudhunagar District.

2.The Sub Collector, Srivilliputhur, Virudhunagar District.

3.The Revenue Divisional Officer, Sivakasi West, Virudhunagar District.

4.The Tahsildar, Srivillliputhur Taluk, Virudhunagar District.

5.T.Benniston Kirubhakaran ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1/6

4th respondent to initiate appropriate legal action, against the 5th respondent to remove fence blocking situated near at Survey No.933 Number Hector. 0.56.5-1 acre39 cents in Viluppanur Village, SubRegister Office, Srivilliputhur, Virudhunagar District and encroachment put up in the stream/canal land (Oodai) that stop the flow of oodai, it is encroached by the 5th respondent and allow the petitioner to remove (Karuvela Maram) Thorny trees growing on the Manavari land based on the representation dated 30.06.2025.

For Petitioner : Mr.N.Mohideen Basha For Respondents : Mr.R.Ragavendran, Government Advocate for R1 to R4.

ORDER

Heard the learned counsel for the writ petitioner and the learned Government Advocate for the respondents 1 to 4. Issuance of notice to the fifth respondent is dispensed with.

2.The writ petitioner is a resident of Srivilliputhur. According to him, S.No.933, Viluppanur Village has been encroached upon. It is admitted by the official respondents that S.No.933, Viluppanur Village has been classified as a water body.

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3.The fourth respondent is the authority competent to remove the encroachment in the said water body. We direct the fourth respondent to conduct survey of the petition mentioned water body. Notices will be issued to all the interested persons. If the survey exercise reveals that there is encroachment, individual notices will be issued to all the encroachers and by adhering to due process of law, the encroachments shall be removed. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order. 4.This writ petition is disposed of accordingly. No costs. (G.R.S.J.,) & (B.P.J.,) 27.11.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/6

To:- 1.The District Collector, Virudhunagar, Virudhunagar District.

2.The Sub Collector, Srivilliputhur, Virudhunagar District.

3.The Revenue Divisional Officer, Sivakasi West, Virudhunagar District.

4.The Tahsildar, Srivillliputhur Taluk, Virudhunagar District.

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 27.11.2025 6/6