W.P.(MD)No.18647 of 2018 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.18647 of 2018 K.Muthu Krishnan ... Petitioner Vs. 1.The District Collector, Collectorate Office, Virudhunagar District. 2.The Junior Executive Engineer, PWD Office, Sattur Taluk, Virudhunagar District-626 001. 3.The Revenue Divisional Officer, RDO Office, Sattur Taluk, Virudhunagar District-626 203. 4.The Tahsildar, Taluk Officer, Sattur Taluk, Virudhunagar District-626 203. 5.The Village Administrative Officer, VAO Office, Periyakollapatti Village, Sattur Taluk, 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.18647 of 2018 Virudhunagar District-626 203. 6.M/s.Dhadha Krish Agri Care Institution, Office Buildings (behind Therkupatti Bus Stop), Therkupatti Village, Sattur Village, Virudhunagar District-626 203. 7.R.Gurusamy 8.M.Narayanan 9.Karuppasamy 10.Yasodhai 11.Periyasamy 12.Natarajan ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 5 to take necessary action to survey the pathway in Sr.No.28/1 and remove the encroachment in the Water Catchment Areas & Pathway in Sr.No.119 which is encroached by the respondents 6 to 12 situated Periyakopplpatti Village, Sattur Taluk, Virudhunagar District. For Petitioner :Mr.P.Madhan Alexandar For Respondents :Mr.S.R.A.Ramachandran Additional Government Pleader for R1 to R5 : no appearance for R6 to R12 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.18647 of 2018 ORDER The writ petitioner seeks removal of the encroachment in Survey No. 119, Periyakollapatti, Sattur Taluk. 2.An Advocate Commissioner was appointed. The Assistant Engineer, WRD., Vaippar Basin Section No-1, Sattur has also filed the counter affidavit. Paragraph Nos.6 & 7 of the counter affidavit read as follows:- “6. It is submitted that this respondent conducted spot inspection at the said Periyakollapatti Kanmoi situated in S.No.119/1 on 24.03.2025 in order to find out the encroachment at the same survey number. The said water body is now showing with full storage of water and no encroachment is found either in the water storage and catchment area of the said kanmoi or in the bunds of the said kanmoi. Therefore, I annexed the copies of photos to show about the spot inspection conducted by this respondent on 24.03.2025 in the typed set of papers annexed along with this counter affidavit for kind perusal of this Court. 7. I humbly submit that the writ petitioner not brought the real facts in this writ petition and so far as the kanmoi in S.No.119/1 is concerned no encroachment is found as on date. The writ petitioner was not appeared this Hon'ble Court with clean hands. This respondent reserves their right to raise additional counter in this writ petition at the time of hearing.” 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.18647 of 2018 3. We are satisfied that as on date, there is no encroachment. We direct the official respondents to ensure that the petition mentioned water body is maintained free of encroachment for all times to come. 4. The Writ Petition is disposed of accordingly. No costs. [G.R.S., J.] [B.P., J.] 27.03.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The District Collector, Collectorate Office, Virudhunagar District. 2.The Junior Executive Engineer, PWD Office, Sattur Taluk, Virudhunagar District-626 001. 3.The Revenue Divisional Officer, RDO Office, Sattur Taluk, Virudhunagar District-626 203. 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.18647 of 2018 4.The Tahsildar, Taluk Officer, Sattur Taluk, Virudhunagar District-626 203. 5.The Village Administrative Officer, VAO Office, Periyakollapatti Village, Sattur Taluk, Virudhunagar District-626 203. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.18647 of 2018 G.R.SWAMINATHAN, J and B.PUGALENDHI, J. rmi W.P(MD)No.18647 of 2018 27.03.2025 6/6 https://www.mhc.tn.gov.in/judis