Murugan v. The District Collector

1 W.P.(MD)NO.31241 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.31241 of 2024 Murugan ... Petitioner Vs.

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The District Revenue Officer, Virudhunagar District, Virudhunagar.

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

4. The Tahsildar, Sivakasi Taluk, Virudhunagar District.

5. The Block Development Officer, Vembakottai Block Virudhunagar District.

6. The Panchayat President, Mamsapuram Village Panchayat, Sivakasi Taluk, Virudhunagar District.

... Respondents 1/4

2 W.P.(MD)NO.31241 OF 2024 Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to remove all the encroachments made by the encroachers in Kaliamman temple Oorani situated in survey No.329, Duraisamypuram Village, Mamsapuram Panchayat, Sivakasi Taluk, Virudhunagar District as well as in the water channel for the said Oorani and restore the Kaliamman temple Oorani by considering the petitioner's representation dated 10.12.2024 within the time limit as fixed by this Court. For Petitioner : Mr.P.Suresh Kumar For Respondents : Mr.P.T.Thiraviyam, Government Advocate.

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O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Government Advocate appearing for the respondents.

2. The petitioner seeks removal of the encroachment in survey No.329, Duraisamypuram Village, Mamsapuram Panchayat. It is not in dispute that the said survey number has been classified as Oorani. We direct the official respondents to survey the petition-mentioned land. It is open to the official respondents to take aid of the jurisdictional police if 2/4

3 W.P.(MD)NO.31241 OF 2024 necessary and conduct survey. If the survey reveals any encroachment, it shall be removed by due process of law within a period of four months from the date of receipt of a copy of this order. Notices have to be issued to the encroachers and they shall be provided with due opportunity. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 3rd January 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The District Revenue Officer, Virudhunagar District, Virudhunagar.

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

4. The Tahsildar, Sivakasi Taluk, Virudhunagar District.

5. The Block Development Officer, Vembakottai Block, Virudhunagar District.

6. The Panchayat President, Mamsapuram Village Panchayat, Sivakasi Taluk, Virudhunagar District.

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4 W.P.(MD)NO.31241 OF 2024 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.31241 of 2024 03.01.2025 4/4