K.Santhanakumar v. The District Collector / Monitoring Committee

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 K.Santhanakumar ... Petitioner Vs.

1.The District Collector / Monitoring Committee, Karur District, Collectorate Buildings, Karur.

2.The Tahsildar, Kulithalai, Karur District.

3.The Block Development Officer, 4.The Revenue Divisional Officer, 5.The Inspector of Police, Thogaimalai Police Station, 1/5

6.The President, Kalladai Village Panchayat, 7.Palaniappan 8.Periyasamy 9.Chinnadurai 10.Saravanan ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the official respondents 1 to 6 to take necessary and immediate actions in accordance with law upon considering the petitioner's representation dated 19.07.2024 in order to remove the encroachments made by the respondents 7 to 10 in the 'Vari' and its bund in Survey Nos.438 and 439 of Kalladai Village, Kulithalai Taluk, Karur District within time frame to be fixed by this Court.

For Petitioner : Mr.K.S.Kathiravan For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1, R.2 & R.4 Mr.R.Suresh Kumar Additional Government Pleader for R.3 & R.6 Mr.P.Kottaichamy Government Advocate (Criminal Side) for R.5 2/5

ORDER

Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the respondents 1, 2 and 4, the learned Additional Government Pleader appearing for the respondents 3 and 6 and the learned Government Advocate (Criminal Side) 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 Survey Nos.438 and 439 of Kalladai Village, Kulithalai Taluk have been classified as "water bodies". 3.We direct the second 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 / Monitoring Committee, Karur District, Collectorate Buildings, Karur.

2.The Tahsildar, Kulithalai, Karur District.

3.The Block Development Officer, 4.The Revenue Divisional Officer, 5.The Inspector of Police, Thogaimalai Police Station, 6.The President, Kalladai Village Panchayat, Kulithalai Taluk, Karur District.

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

MGA 19.12.2024 5/5