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2025 DAILYLAW 139541 (MAD)

Umajeya.R v. The District Collector

WP(MD)/14042/2025 · 2025-05-08

M Dhandapani, R Sakthivel

Transfer Petitionbody2025

Judgment text

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W.P(MD)No.14042 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.05.2025 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI AND THE HONOURABLE MR.JUSTICE R. SAKTHIVEL W.P(MD)No.14042 of 2025 R.Umajeya ... Petitioner Vs. 1.The District Collector, Office of District Collector, Madurai Road, Theni, Theni District. 2.The Tahsildar, Taluk Office, Uthamapalayam Taluk, 3.The Executive Engineer, Office of Public Works Department, Penniquck Complex, Tallakulam, Madurai District. 4.The Assistant Engineer, Office of Public Works Department, Cumbum Road, Uthamapalayam Taluk, Theni District. 5.The Block Development Officer, Chinnamanur, 1/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.14042 of 2025 Uthamapalayam Taluk, Theni District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to remove the encroachments made by the miscreants in the canal namely Velamarathu Odai (1), Nayadichan Odai(2), Naganoothu Odai (3) and Manthiparai Odai (4) passing through the Survey Nos.137 and 166 of the villages namely Appipatti (1), Karichipatti (2), Melaptti (3) and Pudhampatti (4) leading to the tank by name Karuvelam Kanmoi Uthamapalayam Taluk of Theni District, on the basis of of the petitioner's representation dated 15.04.2025. For Petitioner : Mr.Safar Badusha For Respondents : Mr.M.Linga Durai Special Government Pleader O R D E R [Order of the Court was made by M.DHANDAPANI, J.] This writ petition has been filed seeking a writ of mandamus, to direct the respondents to remove the encroachments made by the miscreants in the canals namely Velamarathu Odai, Nayadichan Odai, Naganoothu Odai and Manthiparai Odai passing through Survey Nos.137 and 166 of the villages namely Appipatti, Karichipatti, Melapatti and 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.14042 of 2025 Pudhampatti leading to the tank by name Karuvelam Kanmoi Uthamapalayam Taluk of Theni District, on the basis of of the petitioner's representation dated 15.04.2025. 2. Heard Mr.Safar Badusha, learned counsel for the petitioner and Mr.M.Linga Durai, learned Special Government Pleader appearing on behalf of the respondents. 3. The learned counsel for the petitioner would submit that the petitioner is working as an Agricultural Labour and is a beneficiary of the petition mentioned canals. However, the said canals were encroached by some miscreants. Therefore, the petitioner made a representation to the respondents on 15.04.2025 to remove the encroachments. But, no steps have been taken by the respondents so far constraining the petitioner to file the present writ petition. 4. The learned Special Government Pleader would submit that the petitioner's representation will be considered and appropriate orders will be passed immediately, since already enquiry proceedings were initiated 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.14042 of 2025 and fund was allotted for removal of the encroachment in the canals and restore the same to its original position. 5. Recording the above, this Writ Petition is disposed of directing the first respondent to consider the petitioner's representation for removal of encroachment and restore the canals to its original position within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs. [M.D.I., J.] [R.S.V., J.] 08.05.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No abr 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.14042 of 2025 To 1.The District Collector, Office of District Collector, Madurai Road, Theni, Theni District. 2.The Tahsildar, Taluk Office, Uthamapalayam Taluk, 3.The Executive Engineer, Office of Public Works Department, Penniquck Complex, Tallakulam, Madurai District. 4.The Assistant Engineer, Office of Public Works Department, Cumbum Road, Uthamapalayam Taluk, Theni District. 5.The Block Development Officer, Chinnamanur, Uthamapalayam Taluk, Theni District. 5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.14042 of 2025 M.DHANDAPANI, J. and R. SAKTHIVEL, J. abr W.P(MD) No.14042 of 2025 08.05.2025 6/6 https://www.mhc.tn.gov.in/judis