Gubendran v. The District Collector / Monitoring Committee
WP(MD)/5446/2025 · 2025-03-04
B Pugalendhi, G R Swaminathan
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 124786 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124786 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 W.P.(MD)NO.5446 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.5446 of 2025 Gubendran
... Petitioner Vs.
1. The District Collector (Monitoring Authority), Dindigul District, Dindigul.
2. The Tahsildar, Natham Taluk, Dindigul District. 3.The Executive Engineer(WRD), Manjalar Basin Division, Public Works Department, Periyakulam.
4. The Assistant Executive Engineer, Maruthariver Basin Division, Nilakottai.
5. Adaikkan
6. Kumar
7. Karuppayee ... Respondents 1/4 https://www.mhc.tn.gov.in/judis
2 W.P.(MD)NO.5446 OF 2025 Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to remove the encroachment made upon the Uralipatti Poolankulam tank in Survey No.251 and odai in Survey No. 249 of Uralipatti Village, Natham Taluk, Dindigul District by way of implementing the Proceedings in Ka.No.736/2024/Lo. 36Ma/ dated 30.09.2024 within a stipulated time as fixed by this Court. For Petitioner : Mr.S.Kishore Kumar For R-1 to R-4 : Mr.S.R.A.Ramachandran, Additional Government Pleader. * * * O R D E R Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the official respondents.
2. Issuance of notice to the private respondents is dispensed with.
3. It is not in dispute that survey Nos.251 and 249 of Uralipatti Village have been classified as water bodies. It appears that some 2/4 https://www.mhc.tn.gov.in/judis
3 W.P.(MD)NO.5446 OF 2025 villagers have laid a mud road on the water body. It is well settled that the character of a water body cannot be tinkered with.
4. The official respondents are directed to ensure that the water bodies are kept free of any kind of encroachment for all times to come. Laying of road in a water body is impermissible and illegal. This writ petition stands allowed. No costs.
(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 04th March 2025
NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:
1. The District Collector (Monitoring Authority), Dindigul District, Dindigul.
2. The Tahsildar, Natham Taluk, Dindigul District. 3.The Executive Engineer(WRD), Manjalar Basin Division, Public Works Department, Periyakulam.
4. The Assistant Executive Engineer, Maruthariver Basin Division, Nilakottai. 3/4 https://www.mhc.tn.gov.in/judis
4 W.P.(MD)NO.5446 OF 2025 G.R.SWAMINATHAN, J. AND B.PUGALENDHI, J. PMU W.P.(MD)No.5446 of 2025 04.03.2025 4/4 https://www.mhc.tn.gov.in/judis