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Baby Periyasamy v. The District Collector

Madras HC17 Jun 2025WP(MD)/16246/2025

Case brief

AI extract

What is this about?

Encroachment removal from water body (Darma Urani) in Survey No.247, Rajalipatti Village, Viralimalai Taluk, Pudukkottai District; mandamus under Article 226 against District Collector, Revenue Divisional Officer, Tahsildar and Block Development Officer; representation dated 15.04.2025; ten encroachers; four-week compliance timeline; notice to private respondents dispensed with; writ petition allowed, no costs; Madras High Court Madurai Bench; G.R. Swaminathan and B. Pugalendhi JJ.; decided 17.06.2025.

What did the court decide?

Writ petition allowed: respondents 1 to 4 to clear all encroachments in Survey No.247, Rajalipatti Village within four weeks from the date of receipt of a copy of the order; no costs. ¶37

Baby Periyasamy Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

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W.P.(MD)No.16246 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 17.06.2025

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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W.P(MD)No.16246 of 2025

Baby Periyasamy

... Petitioner

Vs.

1.The District Collector, O/o.District Collector, Pudukkottai District.

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2.The Revenue Divisional Officer, O/o.Revenue Divisional Offficer, Pudukkottai District.

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3.The Tahsildar, O/o.Tahsildar, Pudukkottai District.

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4.The Block Development Officer, O/o.Block Development Officer, Pudukkottai District.

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5.Rajammal

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6.Lakshmi

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7.Kanagaraj

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8.Nallammal

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

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W.P.(MD)No.16246 of 2025

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9.Shanmugavalli

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10.Revathi

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11.Manjula 12.Rajeshwari ... Respondents

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Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 4 herein to remove the encroachments and evict the encroachment in Survey No.247, located at Rajalipatti Post, Viralimalai Taluk, Pudukkottai District by following due procedure contemplated under law by considering the representation sent by the petitioner on 15.04.2025 within a time frame that may be fixed by this Court.

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For Petitioner :Mr.Niranjan S.Kumar For Respondents :Mr.A.Kannan Additional Government Pleader

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ORDER

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Heard the learned counsel appearing for the petitioner and the learned

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Additional Government Pleader appearing for the official respondents.

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Issuance of notice to the private respondents is dispensed with.

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The petitioner is a resident of Rajalipatti Village in Viralimalai Taluk. He alleges that in Survey No.247, there are encroachments. It is not in

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2/4

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

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W.P.(MD)No.16246 of 2025

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dispute that Survey No.247 has been classified as water body (Darma Urani). The petitioner demands that the encroachments should be cleared. Since his request was not properly considered, the present writ petition came to be filed.

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When the matter was taken up for admission, the learned Additional Government Pleader confirmed the allegation made by the petitioner and submitted that after giving notice to the encroachers and after providing due opportunity to them, all the encroachments will be removed. He also listed the number of encroachers as “10”.

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Recording the stand of the official respondents, we direct that all the encroachments in Survey No.247, Rajalipatti Village shall be cleared within a period of four weeks from the date of receipt of a copy of this order.

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