Alaguraja v Vs The District Collector / The Chair Person

4.The Assistant Director, District Town and Country Planning Office, Madurai District, Sector – VI, Anaiyur - Mudakkathan Road, Opp. to Vaigai Apartment, Koodalpudur, Madurai - 625 017.

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

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W.P(MD)No.14998 of 2025

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5.The Block Development Officer, East Panchayat Union, Thallakulam, Madurai City.,

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6.The Special Officer, Y. Pudhupatti Village Panchayat, Madurai East Taluk, Madurai District.

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7.Rajeswari

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8.Sinthiya ... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents No.1 to 6 to remove the encroachment made by the 7 and 8th respondent at water filed canal in Survey No.5/4B1, Pudupatti Village, Madurai East Taluk, Madurai District and consequently direct the respondent No.1 to 6 to restore the water filed canal by consider petitioner's representation dated 01.02.2025 and 22.04.2025.

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For Petitioner : Mr.D.Arun Kumar

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For Respondents : Mr.S.Vashik Ali, Govt. Advocate for R1 to R6. No appearance for R7 & R8

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

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W.P(MD)No.14998 of 2025

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ORDER

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Heard learned counsel for the writ petitioner and the learned Government Advocate for the official respondents. Though the private respondents have been served and their names are also printed in the cause list, they have not chosen to enter appearance.

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2.The case of the writ petitioner is that a channel that runs through the petition mentioned survey number was being obstructed by putting up construction. He wants the obstruction to be removed.

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3.When the matter was taken up for final hearing, the learned Government Advocate confirmed that the construction has indeed come up on the channel in question thereby impeding the water flow.

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4.The concerned official of Water Resources Department has to

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take up the matter. An option can be given for rerouting the channel so that the interests of agriculturists is not affected. If such rerouting is not

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W.P(MD)No.14998 of 2025

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possible by following due process of law, the encroachments will have to be removed. This process should be completed within a period of five months from the date of receipt of a copy of this order. We make it clear that before clearing the encroachments, the persons concerned will have to be put on notice and given an opportunity of hearing.

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5.This writ petition is disposed of accordingly. No costs.

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(G.R.S.J.,) & (B.P.J.,) 02.07.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias

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To:

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1.The District Collector / The Chair Person, District Monitoring Committee, Collectorate Building, Madurai District, Madurai.

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2.The Revenue Divisional Officer / The Convenor, Divisional Monitoring Committee, Revenue Divisional Office, Melur Division, Madurai District.

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

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W.P(MD)No.14998 of 2025

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3.The Tahsildar / Member, Divisional Monitoring Committee, Madurai East Taluk, Y. Othakadai Madurai District - 625 107.

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4.The Assistant Director, District Town and Country Planning Office, Madurai District, Sector – VI, Anaiyur - Mudakkathan Road, Opp. to Vaigai Apartment, Koodalpudur, Madurai - 625 017.

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