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2025 Supreme(Online)(Mad) 47162

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, B.PUGALENDHI, JJ
J.Elgin Raj – Appellant
Versus
The District Collector, Kanyakumari District @ Nagercoil – Respondent


Advocates:
For the Appellants/Petitioners: Mr.B.Brijesh Kishore
For the Respondents:Mr.N.Ramesh Arumugam, Government Advocate, Mr.V.Rajiv Rufus

Table of Content
1. encroachment on defined water bodies. (Para 2)
2. enforcement against all encroachers in accordance with due process. (Para 3)

O R D E R

Heard both sides.

2. It is not in dispute that survey No.749/3 Kulasekaram “B”

Village, Thiruvattar Taluk has been classified as water body (Odai). The petitioner is said to have committed marginal encroachment on the water body. Form-III notice was issued against him. It is put to challenge in this writ petition.

3. It appears to be that the other encroachers have also committed encroachment on the very same water body and they have been spared. Even while we sustaining the Form-III notice, we direct the respondents 1 to 4 to take action against the other encroachers so that all the encroachments are removed. The respondents shall put all the encroachers on notice and adhere to due process of law before taking action. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order. This writ petition stands dismissed with the aforesaid direction. No costs. Consequently, connected miscellaneous petition is closed.

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