A resident sought removal of encroachments on a pond classified as water body in Survey No.311. The Court directed the Tahsildar to conduct a survey and, after notice to encroachers and due process under the Land Encroachment Act, 1905, remove encroachments within four months.
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W.P(MD)No.31100 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.11.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.31100 of 2025
M.Nalla Oliyulla
... Petitioner
Vs.
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W.P(MD)No.31100 of 2025
6.The Village Administrative Officer, Chokkalingapuram Village, Melur Taluk, Madurai.
7.Sethu
8.Mahesh
9.Yahiya Khan
10.Radha
11.Mahendran
12.Jegadeesh
13.Thennarasu
14.V.M.Rajendran ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 6 herein to remove the encroachments made by the respondents 7 to 14 in the channel and pond, namely, Pudhukulam Ramakrishnan Kulam situated in Survey No.311 of Chokkalingapuram Village, Melur Taluk, Madurai District, based on the petitioner's representations dated 27.06.2025, 30.06.2025 and 07.10.2025, within the time frame fixed by this Court.
For Petitioner : Mr.N.Rahamadullah For Respondents : Mr.M.Gangadharan Government Advocate for R.1 to R.4 & R.6
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W.P(MD)No.31100 of 2025
Mr.C.Venkatesh Kumar Special Government Pleader for R.5
ORDER
Heard the learned counsel appearing for the writ petitioner, the learned Government Advocate appearing for the respondents 1 to 4 & 6 and the learned Special Government Pleader appearing for the fifth respondent. Considering the nature of relief to be granted, issuance of notice to the respondents 7 to 14 is dispensed with.
2.The writ petitioner is a resident of Chokkalingapuram Village in Melur Taluk. He alleges that there are encroachments in the petition mentioned survey number.
3.The learned Government Advocate produced copy of the A-Register for the said Chokkalingapuram Village. It is seen therefrom that Survey No. 311/1 has been classified as “Water body”. It is stated that the petition mentioned land falls under the jurisdiction of the fifth respondent. The fourth respondent is the authority competent to take action. The fourth respondent is directed to take action as per the provisions of the Land Encroachment Act, 1905.
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W.P(MD)No.31100 of 2025
4.We direct the fourth respondent to conduct survey. If
encroachments are noticed, notices shall be given to all the encroachers / interested parties including the private respondents herein and opportunities should be given to them and they will be removed by adhering to due process of law. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order.
5.This writ petition is disposed of accordingly. No costs.
[G.R.S., J.] [B.P., J.] 06.11.2025
NCC : Yes / No Internet : Yes / No Index : Yes / No MGA
To
1.The District Collector, Madurai District, Madurai.
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W.P(MD)No.31100 of 2025
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W.P(MD)No.31100 of 2025
G.R.SWAMINATHAN, J
and B.PUGALENDHI, J.
MGA
W.P(MD)No.31100 of 2025
06.11.2025
6/6
1 issue framed by the court
Whether the Tahsildar should remove encroachments on the water body in Survey No.311, Chokkalingapuram Village.
2 provisions across 2 enactments
M.Nalla Oliyulla
The District Collector, Madurai District, Madurai
The District Revenue Officer, Madurai District, Madurai
The Revenue Divisional Officer, Melur, Madurai District
The Tahsildar, Melur Taluk, Madurai District
The Block Development Officer, Kottampatti, Madurai District
G.R.Swaminathan
B.Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
