Madras High Court
M.Elumalai vs The District Collector on 25 June, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.(MD).No.3536 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.06.2025
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.P.(MD).No.3536 of 2019
M.Elumalai ... Petitioner
Vs.
1.The District Collector,
Collector Office,
Trichy District.
2.The Revenue Divisional Officer,
Srirangam Taluk,
Trichy District.
3.The Tahsildar,
Marungapuri Post and Taluk,
Trichy District.
4.The Block Development Officer,
Office of Marungapuri Panchayat Union,
Trichy District.
5.Perumal
6.Chinnamani
7.Ammasi
8.Ayyakannu
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W.P.(MD).No.3536 of 2019
9.Rasu
10.Dhasan
11.Malaisamy
12.Alagar
13.Rengan
14.Durairaj
15.Chinnu
16.Vijaya
17.Sakthivelu ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to
issue a writ of Mandamus, directing the respondents 1 to 4 to remove the
encroachments made by the respondents 5 to 17 in “Vannankulam” in
S.F.No.49/5 of Kallakampatti Village, Marungapuri Taluk, Trichy District at
once.
For Petitioner : Mr.P.Ganapathi Subramanian
For R-1 to R-3 : Mr.P.Thilak Kumar
Government Pleader
For R-4 : Mr.R.Pandiarajan
For R-5 to R-17 : No appearance
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W.P.(MD).No.3536 of 2019
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ of Mandamus has been instituted to direct the respondents 1 to 4 to remove the encroachments made by the respondents 5 to 17 in “Vannankulam” in S.F.No.49/5 of Kallakampatti Village, Marungapuri Taluk, Trichy District at once.
2. The learned Government Pleader appearing for the respondents 1 to 3 would submit that the competent authorities have conducted field inspection and survey and identified the encroachments.
3. Unauthorised building constructions are also made in the encroached Kulam, which is a water body. The authorities are expected to be sensitive in dealing with the water bodies. No encroachment in water bodies is to be permitted. Therefore, severe actions are imminent.
4. The learned Government Pleader would submit that the authorities will initiate action by following the procedures and remove the encroachments and demolish the unauthorised constructions. Page 3 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/07/2025 06:29:08 pm ) W.P.(MD).No.3536 of 2019
5. In view of the said submission, the respondents 1 to 4 are directed to remove the encroachments and demolish the unauthorised constructions by issuing notice and by following the procedures as contemplated under the relevant statutes and rules within a period of twelve (12) weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
(S.M.S.,J.) (A.D.M.C.,J.)
25.06.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Lm
To
1.The District Collector,
Collector Office, Trichy District.
2.The Revenue Divisional Officer, Srirangam Taluk, Trichy District.
3.The Tahsildar, Marungapuri Post and Taluk, Trichy District.
4.The Block Development Officer, Office of Marungapuri Panchayat Union, Trichy District.
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and DR.A.D.MARIA CLETE,J.
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