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Paulraj v. The District Collector

Madras HC17 Jun 2025WP(MD)/16318/2025

Case brief

AI extract

What is this about?

Madras High Court Madurai Bench; W.P.(MD)No.16318 of 2025; Paulraj v. District Collector, Tenkasi & others; writ of mandamus; removal of encroachment from water body 'Odai'; Survey No.76; Chathirapatti Revenue Village; Thiruvengadam Taluk; Sankarankovil; Kuruvikulam; Thasildar to conduct survey; notice to encroachers and interested persons; opportunity to be heard; encroachment clearance within four months; Article 226 Constitution of India; disposed of, no costs.

What did the court decide?

Writ petition disposed of with directions: the third respondent to conduct survey of Survey No.76 after notice to all interested persons and encroachers; any encroachments found in the water body to be removed after affording due opportunity; all encroachments to be cleared within four months from receipt of a copy of the order. No costs. ¶34

Paulraj 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 encroachments exist in the water body ('Odai') in Survey No.76 at Chathirapatti Revenue Village, Thiruvengadam Taluk, Tenkasi District, and whether respondents 1 to 3 are required to remove them pursuant to the first respondent's proceedings dated 21.03.2025 and the petitioner's representation dated 15.04.2025.

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Court's answer

The Court directed the third respondent (Thasildar) to conduct a survey of Survey No.76, and ordered that notice be given to all interested persons and encroachers before the survey is conducted.

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Ratio / Principle

If the survey results indicate that there are encroachments in the water body, those encroachments shall be removed.

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Key takeaways

All encroachers shall be put on notice and given due opportunity, and all encroachments shall be cleared within four months from the date of receipt of a copy of the order.ratio¶33

Detailed headnote1 paragraphs

Writ of Mandamus (Article 226) - Encroachment alleged in water body ('Odai'), Survey No.76, Chathirapatti Revenue Village, Thiruvengadam Taluk, Tenkasi District - Petitioner sought direction to respondents 1 to 3 to remove encroachment based on first respondent's proceedings Na.Ka.COLR/2055/2025-H1 dated 21.03.2025 and his representation dated 15.04.2025 - Government Advocate stated on instructions that Survey No.76 is classified as 'Odai' and the water body belongs to the revenue - Held: third respondent (Thasildar) to conduct survey after notice to all interested persons and encroachers; if survey discloses encroachments in the water body, they shall be removed; encroachers to be put on notice and given due opportunity; all encroachments to be cleared within four months from receipt of copy of order - Notice to fifth respondent dispensed with - Writ petition disposed of, no costs.

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W.P.(MD)No.16318 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.16318 of 2025

Paulraj

... Petitioner

Vs.

1.The District Collector, District Collectorate, Tenkasi District.

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2.The Revenue Divisional Officer, Revenue Divisional Office, Sankarankovil,

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Tenkasi District.

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3.The Thasildar, Thiruvengadam Taluk Offfice, Thiruvengadam Taluk,

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Tenkasi District.

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4.The Block Development Officer, Block Development Office, Kuruvikulam, Tenkasi District.

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5.Gopalakrishnan

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... Respondents

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1/4

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

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W.P.(MD)No.16318 of 2025

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Prayer:

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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 3 to remove the encroachment made in the water body namely Odai which is situated in Survey No.76 at Chathirapatti Revenue Village, Thiruvengadam Taluk, Tenkasi District based on the first respondent's proceedings vide Na.Ka.COLR/2055/2025-H1, dated 21.03.2025 as per the petitioner's representation dated 15.04.2025 within a stipulated time that may be fixed by this Court.

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For Petitioner :Mr.T.Gopala Krishnan For Respondents :Mr.S.Vinodh Government Advocate for R1 to R4 : Mr.F.Deepak for R5

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ORDER

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Heard the learned counsel for the petitioner and the learned Government Advocate for R1 to R4. Issuance of notice to R5 is dispensed

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with.

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The petitioner is a resident of Chathirapatti Village. According to

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him, in Survey No.76, there are encroachments. He wants the same to be cleared.

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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.16318 of 2025

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When the matter was taken up for admission, the learned Government Advocate on instructions submitted that Survey No.76 has been classified as “Odai”. The said water body belongs to the revenue.

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In this view of the matter, we direct the third respondent to conduct survey. Notice shall be given to all the interested persons & encroachers before conducting survey. If the survey results indicate that there are encroachments in the water body, the same shall be removed. All the encroachers shall not only be put on notice but also given due opportunity. All the encroachments shall be cleared within a period of four months from the date of receipt of a copy of this order.

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