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2025 DAILYLAW 162546 (MAD)

R.Subramani v. The District Collector

WP(MD)/27373/2019 · 2025-07-07

A D Maria Clete, S M Subramaniam

Transfer Petitionbody2025

Judgment text

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W.P.(MD)No.27373 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07/07/2025 CORAM: THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P.(MD)No.27373 of 2019 R.Subramani ... Petitioner Vs. 1.The District Collector, Collectorate, Tiruchirapalli. 2.The Revenue Divisional Officer, Lalgudi Revenue Division, Lalgudi, Trichy District. 3.The Tahsildar, Lalgudi Taluk, Lalgudi, Trichy District. ...Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to evict all the encroachments in stream passing through survey filed numbers 139/1, 133, 147 etc., of Sirumayangudi revenue village, Lalgudi Taluk, Trichy District at once based on the petitioner's representation dated 02.10.2019. 1/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.27373 of 2019 For Petitioner : M/s.Kandhavadivelan For R1 to R3 : Mr.P.Thilak Kumar Government Pleader ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) The relief sought for in the writ petition is to direct the respondents to evict all the encroachments in stream passing through survey filed numbers 139/1, 133, 147 etc., of Sirumayangudi revenue village, Lalgudi Taluk, Trichy District at once based on the petitioner's representation dated 02.10.2019. 2. The learned Government Pleader appearing for the respondents 1 to 3 would submit that the survey has already been conducted and Survey No.139/1 and 133 are identified as waterbodies. Regarding S.No.143, the learned Government Pleader is yet to get instructions. 3. Be that as it may, all encroachments from waterbodies are to be removed by following the procedure as contemplated under law. Encroachment in waterbodies at no circumstances be allowed and the waterbodies are to be 2/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.27373 of 2019 preserved in the public interest and for the purpose of protecting the water resources. 4. That being so, the official respondents 1 to 3 are directed to conduct survey, if not already conducted, and identify the encroachments and thereafter, remove the encroachments from the waterbodies by following the procedure as contemplated under the relevant statues and rules in force, within a period of twelve weeks from the date of receipt of a copy of this order. 5. Accordingly, the writ petition is disposed of. No costs. (S.M.S., J.) & (A.D.M.C., J.) 07/07/2025 NCC : Yes / No Index : Yes / No am 3/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.27373 of 2019 To 1.The District Collector, Collectorate, Tiruchirapalli. 2.The Revenue Divisional Officer, Lalgudi Revenue Division, Lalgudi, Trichy District. 3.The Tahsildar, Lalgudi Taluk, Lalgudi, Trichy District. 4/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.27373 of 2019 S.M.SUBRAMANIAM, J. AND DR.A.D.MARIA CLETE, J. am W.P.(MD)No.27373 of 2019 07/07/2025 5/5 https://www.mhc.tn.gov.in/judis