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2025 DAILYLAW 128540 (MAD)

Santhana Sivakumar v. The District Collector

WP(MD)/7600/2025 · 2025-03-20

B Pugalendhi, G R Swaminathan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P(MD)No.7600 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.7600 of 2025 Santhana Sivakumar ... Petitioner Vs. 1.The District Collector, Thoothukudi District. 2.The Tahsildar, Ottapidaram Taluk, Thoothukudi District. 3.Devaraj ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to remove the encroachment made by the 3rd respondent in the water channel in Survey No.111/4, K.Shanmugapuram, Ottapidaram Taluk, Thoothukudi District and restore the same. 1/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.7600 of 2025 For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Ms.P.B.Ahamed Yasmin, Government Advocate for R1 & R2. ORDER Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 and 2. Issuance of notice to the third respondent is dispensed with. 2.The petitioner alleges that S.No.111/4, K.Shanmugapuram has been encroached upon. 3.The learned Government Advocate confirms that S.No.111/4 has been classified as odai in the revenue record. According to the official respondents, both the petitioner as well as the third respondent had encroached upon the said odai and engaged in cultivation. As a result, the water channel had virtually fallen into disuse. 2/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.7600 of 2025 4.We direct the second respondent to ensure that the petition mentioned odai is restored to its original condition. The second respondent will ensure neither the petitioner nor the third respondent commit any kind of encroachment on the petition mentioned odai. This will be in the nature of continuing mandamus. 5.This writ petition is allowed on these terms. No costs. (G.R.S.J.,) & (B.P.J.,) 20.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Thoothukudi District. 2.The Tahsildar, Ottapidaram Taluk, Thoothukudi District. 3/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.7600 of 2025 G.R.SWAMINATHAN, J. and B.PUGALENDHI, J. ias W.P(MD)No.7600 of 2025 20.03.2025 4/4 https://www.mhc.tn.gov.in/judis