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2025 DAILYLAW 147307 (MAD)

P. RAMAKRISHNAN v. STATE REP. BY

WP(MD)/18890/2020 · 2025-03-27

B Pugalendhi, G R Swaminathan

Transfer Petitionbody2025

Judgment text

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W.P(MD)No.18890 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.18890 of 2020 and W.M.P(MD)Nos.15823 of 2020, 6257, 6260 & 6261 of 2025 P.Ramakrishnan ... Petitioner Vs. 1.The State represented by The District Collector, Dindigul District, Dindigul. 2.The State represented by The District Revenue Officer, Dindigul District, Dindigul. 3.The State represented by The Project Director, District Block Development Camp, Dindigul. 4.The Assistant Director (Panchayats), The Assistant Director (Panchayats) Officer, Dindigul. 1/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.18890 of 2020 5.The Executive Engineer, Nanganjiyar Basin Division, Palani, Dindigul District. 6.The Block Development Officer, Block Development Office, Vedasandur, Dindigul District. 7.Balasubramanian 8.The State Represented by The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Palani, Dindigul District. 9.The State represented by The Tahsildar, Office of the Tahsildar, Vedasandur Taluk, Dindigul District. 10.The State represented by The Inspector of Police, Eriyodu Police Station, Dindigul District. (R.8 to R.10 are impleaded vide order of this Court dated 15.10.2024 in W.M.P(MD)No.18402 of 2024) ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the sixth respondent to inspect and earmark the boundaries of the Thoongan Madaikulam Kanmai situated in S.No.18, E.Chitoor Village, Vedasandur Taluk, Dindigul District enabling the sixth respondent to remove the encroachment of the seventh respondent in the canal 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.18890 of 2020 in S.No.17 and S.No.18 E, Chitoor Village, Vedasandur Taluk, Dindigul District. For Petitioner : Mr.V.Muthumani For Respondents : Mr.S.RA.Ramachandran Additional Government Pleader for R.1 to R.6, R.8 to R.10 Mr.S.Sarvagan Prabhu for R.7 ORDER Heard both sides. 2.The petitioner alleged that Survey Nos.17 and 18 in E.Chitoor Village in Vedasandur Taluk have been encroached. The petitioner states that they are water bodies. Survey was conducted under the aegis of an Advocate Commissioner appointed by this Court. The said survey indicated that there are encroachments. Unfortunately, till date the jurisdictional Block Development Officer has not taken any action to have the encroachments removed. 3.We direct the sixth respondent to take immediate action for removing the encroachments in Survey Nos.17 and 18 in E.Chitoor Village. Due process 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.18890 of 2020 of law will have to be observed. Notice will have to be issued to the encroachers. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order. 4.The learned counsel appearing for the petitioner states that the petitioner has filed amendment application to include Survey No.19 also. According to the petitioner, Survey No.19 is also a water body. 5.The learned Additional Government Pleader does not have definite instructions in this regard. If as per the revenue record, Survey No.19 is also a water body, then the very same exercise to be conducted with respect to the other two survey numbers shall be adopted. 6.This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [B.P., J.] 27.03.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.18890 of 2020 To 1.The District Collector, Dindigul District, Dindigul. 2.The District Revenue Officer, Dindigul District, Dindigul. 3.The Project Director, District Block Development Camp, Dindigul. 4.The Assistant Director (Panchayats), The Assistant Director (Panchayats) Officer, Dindigul. 5.The Executive Engineer, Nanganjiyar Basin Division, Palani, Dindigul District. 6.The Block Development Officer, Block Development Office, Vedasandur, Dindigul District. 7.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Palani, Dindigul District. 8.The Tahsildar, Office of the Tahsildar, Vedasandur Taluk, Dindigul District. 5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.18890 of 2020 G.R.SWAMINATHAN, J and B.PUGALENDHI, J. MGA 9.The Inspector of Police, Eriyodu Police Station, Dindigul District. W.P(MD)No.18890 of 2020 27.03.2025 6/6 https://www.mhc.tn.gov.in/judis