Madras High CourtWP(MD)/30310/2024disposed of

M.Santhana Kumar v. The District Collector

2024-12-19Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

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.Santhana Kumar ... Petitioner Vs.

1.The District Collector, Collectorate, Madurai District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thirumangalam, Madurai District.

3.The Tahsildar, Thirupparankundram Taluk Office, Madurai District.

4.V.Aarumugam 5.V.Chinnappandi ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove the encroachment 1/4

made by the respondents 4 and 5 by constructing building on the Water Bodies, namely, Periyakanmai Pond situated in Survey No. 83, Thanakkankulam Village, Thirupparankundram Taluk, Madurai District and take necessary steps to restore the Periyakanmai Water Channel and take necessary steps to restore the Periyakanmai Water Channel for the purpose of agricultural utility by considering the petitioner's representations dated 01.03.2024 and 18.11.2024 within the time stipulated by this Court.

For Petitioner : Mr.I.Pinaygash For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader for R.1 to R.3

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the official respondents. 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 Survey No.83, Thanakkankulam Village has been classified as "Water body".

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3.We direct the third 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. 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, Collectorate, Madurai District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thirumangalam, Madurai District.

3.The Tahsildar, Thirupparankundram Taluk Office, Madurai District.

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

MGA 19.12.2024 4/4