Suseela v. The District Collector / Chairperson

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 Suseela ... Petitioner Vs.

1.The District Collector / Chairperson, District Monitoring Committee, Collectorate Building, 2.The District Revenue Officer / Convenor, District Monitoring Committee, Tiruchirappalli District, Tiruchirappalli.

3.The Revenue Divisional Officer / Chairperson, Divisional Monitoring Committee, Musiri Division, 4.The Tahsildar / Member, Divisional Monitoring Committee, Thuraiyur Taluk, 1/5

5.The Block Development Officer, Thuraiyur Panchayat Union, 6.The Village President, Keerambur Village, Thuraiyur Panchayat Union, 7.M.Sundarrajan ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 6 to remove the encroachment made by the seventh respondent in the Vellavari in S. No.249/3, Keerambur Village, Thuraiyur Taluk, Tiruchirapalli District to the breadth about 10 feet and length about 300 feet and restore the Vellavari as in earlier so as to the rain water flows through the same and reaches to the nearby pond, within a time frame as fixed by this Court.

For Petitioner : Mr.R.Gowrishankar For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.6

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for the respondents 1 to 6. Considering the nature of relief to be granted, issuance of notice to the seventh respondent is dispensed with.

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2.The petitioner wants encroachment in Survey No.249/3, Keerambur Village, Thuraiyur Taluk to be removed.

3.The learned Special Government Pleader on written instructions from the Tahsildar, Thuraiyur confirms that a channel runs through the petition mentioned survey number.

4.We direct the fourth 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.

5.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 3/5

To 1.The District Collector / Chairperson, District Monitoring Committee, Collectorate Building, 2.The District Revenue Officer / Convenor, District Monitoring Committee, Tiruchirappalli District, Tiruchirappalli.

3.The Revenue Divisional Officer / Chairperson, Divisional Monitoring Committee, Musiri Division, 4.The Tahsildar / Member, Divisional Monitoring Committee, Thuraiyur Taluk, 5.The Block Development Officer, Thuraiyur Panchayat Union, 6.The Village President, Keerambur Village, Thuraiyur Panchayat Union, 4/5

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

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