M. Subramaniyan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2024

CORAM

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

1.The District Collector, District Collectorate, 2.The Executive Engineer, Public Works Department and Water Resources Organization, River Conservancy Division, Trichy - 01.

3.The Revenue Divisional Officer, Srirangam Revenue Divisional Office, Srirangam, 4.The Tahsildar / Monitoring Committee, Taluk Office, Manapparai Taluk, 1/5

5.The Block Development Officer, Office of the Block Development Officer, Manapparai, 6.Chidambaram 7.Settu 8.Rengan 9.Gopal 10.Pandiyan ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 23.02.2024 to remove encroachment made by the respondents 6 to 10 in Survey Nos.341, 358 and 359 which is classified as "River (Aaru)" situated at K.Periyapatti South Revenue Village, Manapparai Taluk, Trichy District.

For Petitioner : Mr.K.Arunraj For Respondents : Mr.P.T.Thiraviyam Government Advocate for R.1 to R.4 Mr.S.S.Madhavan Government Advocate for R.5 2/5

ORDER

Heard the learned counsel appearing for the writ petitioner, the learned Government Advocate appearing for the respondents 1 to 4 and the learned Government Advocate appearing for the fifth respondent. Considering the nature of relief to be granted, issuance of notice to the private respondents is dispensed with.

2.It is not in dispute that the petition mentioned Survey Nos.341, 358 and 359 of K.Periyapatti South Revenue Village, Manapparai Taluk, Trichy District have been classified as "River".

3.We direct the fourth respondent to conduct survey. If encroachments are noticed, notices will be issued to the encroachers and they will be removed by adhering to due process of law. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

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4.This Writ Petition is disposed of accordingly. There shall be no order as to costs.

[G.R.S., J.] [B.P., J.] 19.12.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, District Collectorate, 2.The Executive Engineer, Public Works Department and Water Resources Organization, River Conservancy Division, Trichy - 01.

3.The Revenue Divisional Officer, Srirangam Revenue Divisional Office, Srirangam, 4.The Tahsildar / Monitoring Committee, Taluk Office, Manapparai Taluk, 5.The Block Development Officer, Office of the Block Development Officer, Manapparai, 4/5

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

MGA 19.12.2024 5/5