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[Cites 1, Cited by 0]

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.

Page 4 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 S.M.SUBRAMANIAM,J.

and DR.A.D.MARIA CLETE,J.

Lm W.P.(MD).No.3536 of 2019 25.06.2025 Page 5 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/07/2025 06:29:08 pm )