G.Chitra Vs the District Collector

PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents 1 to 4 to remove the illegally dug borewell, by the 4^th respondent in the petitioner property comprised in S.No.343/5 situated in S.Pudhur Village, Page No.1 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.24438 of 2025 Chemmanganur Madura, Tirunavalur Panchayat Union, Ulundurpet Sub Registrar Office, Virudhachalam taluk based on his representation dated 10.06.2023 and based on the proceeding of the 2^nd respondent in Na.Ka.No.A2/370/2023 dated 26.06.2023 and based on his representation dated 07.05.2025.

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For Petitioner : Mr.S. Ramesh Kumar

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For Respondents : Mr.V.Manoharan Addl. Government Pleader for R1 & R3 Mr.G.Nanmaran Spl. Government Pleader for R2 & R4

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O R D E R

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The petitioner has filed this petition to direct the respondents 1 to 4 to remove the illegally dug borewell, in the petitioner's property comprised in S.No.343/5 situated in S.Pudhur Village, Chemmanganur Madura, Tirunavalur Panchayat Union, Ulundurpet Sub Registrar Office, Virudhachalam Taluk, based on his representation dated 10.06.2023 and 07.05.2025 and based on the proceeding of the 2^nd respondent in Na.Ka.No.A2/370/2023 dated 26.06.2023.

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The property comprised in S.No.343/5 situated in S.Pudhur Village, Page No.2 of 6

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W.P.No.24438 of 2025 Chemmanganur Madura, Tirunavalur Panchayat Union, Ulundurpet Sub Registrar Office, Virudhachalam taluk, admeasuring an extent of 4163.8

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sq.ft. originally belonged to the petitioner's husband V.Govindhan, who executed a registered settlement deed dated 18.10.2013, in her favour. Since then the petitioner was in continuous possession and enjoyment of the property. On 18.10.2013, the then Panchayat President using political power and with assistance of few elder members of the village, illegally constructed a borewell for the village in petitioner's property despite her strong objection and protest. Thereafter, the petitioner submitted multiple representations in person to the various Government authorities seeking their indulgence to remove the illegally constructed borewell in her private property.

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In response to the petitioner's representation dated 10.06.2023, the

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2^nd respondent sent a communication in Na.Ka.No.A2/370/2023 dated 26.09.2023 to the 3^rd respondent, to take action for removal of illegally constructed bore well in the petitioner's land. Despite the 2^nd respondent's aforesaid direction to take action, no action for removal of the bore well was taken by the 3^rd and 4^th respondents. Further on 07.05.2025, the petitioner sent a reminder representation to the respondents to remove the illegally dug

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Page No.3 of 6

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W.P.No.24438 of 2025 borewell in her private land, however thereafter also no action was taken. Hence the petitioner has filed the present Writ Petition.

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The learned counsel for the petitioner submitted that pursuant to the petitioner's representation, the 2^nd respondent as early as on 26.09.2023 directed the 3^rd respondent to take action on the petitioner's representation but the 3^rd respondent did not take any action. Therefore, the learned counsel prayed this Court to issue a direction to the 3^rd respondent to to take action pursuant to the proceedings of the 2^nd respondent dated 26.09.2023, and based on the petitioner's representation dated 07.05.2025.

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Heard the learned counsel on either side and perused the materials available on record. With consent of both counsels, the main writ petition is taken up for final disposal.

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Considering the facts and circumstances of the case and the submission made by the learned counsel for the petitioner, this Court without going into the merits of the case, directs the 3^rd respondent to take appropriate action as deemed necessary in the light of the proceedings passed by the 2^nd

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Page No.4 of 6

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W.P.No.24438 of 2025

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respondent dated 26.09.2023, and based on the petitioner's representation

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dated 07.05.2025 within a period of four weeks from the date of receipt of a

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copy of this order.