W.P.No.36 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.03.2025 CORAM THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.No.36 of 2025 V.Murugesan .. Petitioner -vs- 1. The District Collector, Salem District. 2. The Assistant Director of Rural Development (Panchayats), District Collector Office, Salem District. 3. The Revenue Tahsildar, Valappadi Taluk, Salem District. 4. Block Development Officer (Village Panchayat), Panchayat Union Office, Ayothiyapattinam, Salem District. 5. Kuppusamy 6. Manimurugan 7. M.Theivam 8. Selvam 9. Murugesan https://www.mhc.tn.gov.in/judis W.P.No.36 of 2025 10.Guruchandran 11.Theivam 12.Balu 13.Sanju 14.Natarajan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st to 4th respondents (i) to remove the encroachment from both sides of "Paambu-uthu-odai" which encroached by the 5th to 14th respondents and remove the mud, sand and stones planted into the water stream by the 5th to 14th respondents in surveyNos.186/3, 187/1, 188/1 situated at Periya Kavundapuram Village, Valappadi Taluk, Salem District; (ii) to measure the area based on the light of the survey conducted in the year 1950 for planting the boundary stones to restore the "Paambu-uthu-odai" its original condition as 3m depth and constructed concrete wall on both sides of stream in survey Nos.186/3, 187/1, 188/1 situated at Periya Kavundapuram Village, Valappadi Taluk, Salem District, by considering the petitioner's representation dated 15.11.2024 preferred to the 1st and 2nd respondents in accordance with law within the time stipulated by this Court. For Petitioner : Mr.J.Sadam Hussain for Mr.S.Mohamed Ansar For Respondents : Mr.A.Edwin Prabakar State Govt. Pleader Assisted by Mr.Habeeb Rahman, Government Advocate, for RR 1 to 4 * * * * * https://www.mhc.tn.gov.in/judis W.P.No.36 of 2025 ORDER (Order of the Court was made by the Hon'ble Chief Justice) Sri.Prabakar takes notice on behalf of respondents 1 to 4. His instructions are that the 'Odai' is being widened. He says that within a week, he shall file an affidavit and also serve a copy thereof on petitioner by 14.03.2025. 2. As regards respondent Nos.5 to 14, we are unable to issue notice to them because no address is given. We are unable to understand how even the Registry passed the petition. The cause-title only says “5th to 14th respondents are residing at Periya Kavundapuram Village (Post), Valappadi Taluk, Salem District”. No door number is given and there could be various persons by name 'Murugesan'. In fact, the cause-title itself indicates that there are two persons by the name 'Theivam', respondent No.7 and respondent No.11. Therefore, this appears to be nothing but a fishing expedition petition. Page 3 of 6 https://www.mhc.tn.gov.in/judis W.P.No.36 of 2025 3. Petition is dismissed. There shall be no order as to costs. Notwithstanding dismissal of the petition, the affidavit shall be filed by Sri.Prabakar on behalf of respondents 1 to 4 and copy served on petitioner. (K.R.SHRIRAM, CJ.) (MOHAMMED SHAFFIQ, J.) 06.03.2025 Index : Yes/No Neutral Citation : Yes/No sra https://www.mhc.tn.gov.in/judis W.P.No.36 of 2025 To 1. The District Collector, Salem District. 2. The Assistant Director of Rural Development (Panchayats), District Collector Office, Salem District. 3. The Revenue Tahsildar, Valappadi Taluk, Salem District. 4. The Block Development Officer (Village Panchayat), Panchayat Union Office, Ayothiyapattinam, Salem District. Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.36 of 2025 The Hon'ble Chief Justice and Mohammed Shaffiq, J. (sra) W.P.No.36 of 2025 06.03.2025 https://www.mhc.tn.gov.in/judis