Disposed¶43

P.Pasarai Balu v. the District Collector

Madras HC3 Apr 2025WP/3852/2025

Case brief

AI extract

What is this about?

Encroachment removal from waterbodies; Kallakurichi District; Chinna Salem Taluk; Kachirapalayam and Vakakkanandal survey numbers; writ of mandamus; Article 226 Constitution of India; status affidavit of Balaguru affirmed 27.03.2025; notices under respective Acts; due process; petitioner alleged to be an encroacher; Vadakkanandal Town Panchayat; Water Resource Department; Highways Department; disposed, no order as to costs; W.P.No.3852 of 2025; Madras High Court; K.R.Shriram Chief Justice; Mohammed Shaffiq J.

What did the court decide?

No mandamus issued; petition disposed of with no order as to costs, on the State's confirmation that notices under respective Acts have been issued to the encroachers and due process will be followed. ¶43

P.Pasarai Balu Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing respondents 1 to 5 to initiate immediate action to remove the encroachments made in the waterbodies comprised in Survey Numbers 613/1, 238/7 at Kachirapalayam and Survey Numbers 630/1, 629/4, 625, 622, 617/1, 451/9, 451/3, 450/1, 383, 382, 393 at Vakakkanandal.

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Court's answer

The writ petition was disposed of in view of the State's status affidavit recording that a survey of encroachments was conducted, lists of encroachers were furnished to the concerned departments (respondent No.5/Vadakkanandal Town Panchayat, respondent No.4/Water Resource Department and the Highways Department), notices under respective Acts were issued to the encroachers, and due process will be followed.

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Ratio / Principle

Counsel for respondent No.16 was to provide the nature of the petitioner's own encroachment to the State Government Pleader, who was to forward it to the department concerned for necessary action.

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Key takeaways

There shall be no order as to costs.ratio¶43

Detailed headnote1 paragraphs

High Court of Judicature at Madras (K.R.Shriram, C.J. and Mohammed Shaffiq, J.; order made by the Chief Justice), W.P.No.3852 of 2025, decided 03.04.2025. Petition under Article 226 of the Constitution of India by P.Pasarai Balu seeking a writ of mandamus directing respondents 1 to 5 (District Collector, Kallakurichi; Revenue Divisional Officer, Kallakurichi; Tahsildar, Chinna Salem; Assistant Executive Engineer, Water Resource Department; Executive Officer, Vadakkanandal Town Panchayat) to remove encroachments in waterbodies at Kachirapalayam (Survey Nos. 613/1, 238/7) and Vakakkanandal (Survey Nos. 630/1, 629/4, 625, 622, 617/1, 451/9, 451/3, 450/1, 383, 382, 393). Counsel for respondent No.16 (Dhesingaraja) stated the petitioner himself is an encroacher. The State Government Pleader tendered a status affidavit of Mr.Balaguru affirmed on 27th March 2025 recording that a survey was conducted, encroacher lists were furnished to the Town Panchayat, Water Resource Department and Highways Department, notices under respective Acts were issued to the encroachers, and due process will be followed; counsel for respondent No.16 to furnish particulars of the petitioner's encroachment to State counsel for onward action to the department concerned. Petition disposed of; no order as to costs.

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W.P.No.3852 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03.04.2025

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CORAM :

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THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ

W.P.No.3852 of 2025

P.Pasarai Balu

.. Petitioner

1.The District Collector, Kallakurichi District, Kallakurichi.

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2.The Revenue Divisional Officer, Kallakurichi-606 213.

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3.The Tahsildar, Chinna Salem Taluk Office, Chinna Salem-606 201.

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4.The Assistant Executive Engineer, Water Resource Department, Kallakurichi District, Kallakurichi.

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Page 1 of 6

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

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W.P.No.3852 of 2025

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5.The Executive Officer, Vadakkanandal Town Panchayat, Kanchirapalayam-606 207, Chinna Salem Taluk, Kallakurichi District.

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6.Ramasamy 7.Kannan 8.Shakthi 9.Selvi 10.Manikodi 11.Venkatesan 12.Ravi 13.Veeran 14.Mathesh 15.Kolanchi 16.Dhesingaraja 17.Selvaraj 18.Manjula 19.Rajendran 20.Govindaraj 21.Kasi 22.Manikam

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.. Respondents

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Prayer : Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 5 to initiate immediate action to remove the encroachments made in the above said waterbodies comprised in Survey Numbers 613/1, 238/7 at Kachirapalayam and Survey Numbers 630/1, 629/4, 625, 622, 617/1, 451/9, 451/3, 450/1, 383, 382, 393 at Vakakkanandal.

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___________ Page 2 of 6_

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

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W.P.No.3852 of 2025

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For Petitioner : Ms.Mary Mahila DC for Mr.A.G.Rajan For Respondents : Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.M.Habeeb Rahman Government Advocate for respondent Nos.1 to 5 : Mr.V.Kamalanathan for Mr.V.Gunasekar for respondent No.16

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ORDER

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(Order of the Court was made by the Hon'ble Chief Justice)

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The prayer in this petition is to direct respondent Nos.1 to 5 to remove the encroachments made in the waterbodies comprised in Survey Nos. 613/1, 238/7 at Kachirapalayam and Survey No.630/1, 629/4, 625, 622, 617/1, 451/9, 451/3, 450/1, 383, 382, 393 at Vakakkanandal.

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Shri Kamalanathan, who is appearing for respondent No.16, states that petitioner himself is an encroacher.

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___________ Page 3 of 6_

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

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W.P.No.3852 of 2025

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Shri Prabakar tenders a status affidavit of one Mr.Balaguru,

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affirmed on 27^th March 2025, in which it is stated that survey was conducted and list of encroachers has been furnished to the respective departments, namely, respondent No.5/Vadakkanandal Town Panchayat; respondent No.4/Water Resource Department and to the Highways Department also. The nature of encroachment is also mentioned in the status affidavit. Shri Prabakar further states that notices under respective Acts have been issued to the encroachers and due process will be followed.

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