V.Senthilkumar v. The District Collector / Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI V.Senthilkumar ... Petitioner Vs.

1.The District Collector / Monitoring Committee, District Collector Office, Madurai District, Madurai.

2.The Block Development Officer / Commissioner, Madurai District.

3.The Tahsildar, Madurai East Taluk, Madurai District.

4.The Executive Engineer, Periyaru Pasana Kalvai Thittam (PWD), Melur, Madurai District.

5.The President, Rajakambiram Panchayat, 1/4

Y.Othakkadai, Madurai District.

6.V.Padiarajan 7.S.Nagendran 8.Sugila 9.Seenivasagam ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 and to remove the encroachment made by the respondents 6 to 9 in Survey No.74/2 Channel and 81/2 Water Channel body measuring about 18 3/4 ft. situated in Hajees Garden North Side, Rajakambiram Village, Madurai District by considering the petitioner's representation dated 26.07.2024. For Petitioner : Mr.N.Balasubramanian For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1, R.3 & R.4 Mr.J.K.Jeyaseelan Government Advocate for R.2 & R.5

ORDER

Heard the learned counsel appearing for the writ petitioner, the learned Special Government Pleader appearing for the respondents 1, 3 and 4 and the learned Government Advocate appearing for the respondents 2 and 5. Considering the nature of relief to be granted, issuance of notice to the respondents 6 to 9 is dispensed with.

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2.The petitioner alleges that there are encroachments in Survey Nos. 74/2 and 81/2 in Rajakambiram Village. The official respondents confirmed that both the survey numbers have been classified as "water bodies (Channel)". 3.We direct the third respondent to conduct survey. If encroachments are noticed, notices shall be given to all the encroachers / interested parties and opportunities should be given to them 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.] 10.01.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector / Monitoring Committee, District Collector Office, Madurai District, Madurai.

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

MGA 2.The Block Development Officer / Commissioner, Madurai District.

3.The Tahsildar, Madurai East Taluk, Madurai District.

4.The Executive Engineer, Periyaru Pasana Kalvai Thittam (PWD), Melur, Madurai District.

5.The President, Rajakambiram Panchayat, Y.Othakkadai, Madurai District.

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