IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-11-2025

CORAM

THE HON'BLE MR JUSTICE R. SURESH KUMAR

AND

THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR

W.P No. 37664 of 2025

K.Rajavelu

S/o. Kannan, West Street, Kottaiyur Village, Kallakurichi

Taluk, Kallakurichi District -606 305.

..Petitioner

Vs

1.The District Collector

Kallakurichi District.

2.The District Revenue Officer, Kallakurichi District.

3.The Revenue Divisional Officer, Kallakurichi District.

4.The Tahsildar,

Kallakurichi Taluk, Kallakurichi District.

5.A.Chinnathambi

6.S.Mayavan 7.K.Semmalai

8.K.Kasi

..Respondents

Prayer : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing Respondents 1 to 4 to take necessary and appropriate action immediately by considering petitioners representation made in C.P. No. A2/328/2024 dated 07.10.2024 for removal of the encroachments made by Respondents 5 to 8 in

the stream comprised in S.No. 1/6,Kottaiyur Village, KallaKurichi District, and to

restore the natural water flow of stream to the Kottaiyur Village Pond.

For Petitioner : Ms.V.Sasirekha For Respondents : Ms.M.Jayanthy

Additional Government Pleader - for RR 1 to R5 to R8 - Notice dispensed with

ORDER

(Order of the Court was made by R.Suresh Kumar J.)

The prayer sought for herein is for a Writ of Mandamus directing Respondents 1 to 4 to take necessary and appropriate action immediately by considering petitioners representation made in C.P. No. A2/328/2024 dated 07.10.2024 for removal of the encroachments made by Respondents 5 to 8 in the stream comprised in S.No. 1/6,Kottaiyur Village, KallaKurichi District, and to restore the natural water flow of stream to the Kottaiyur Village Pond.

2. In order to remove the encroachment at S.No.1/6, Kottaiyur Village, Kallakurichi District, the petitioner had given a representation, which in fact was forwarded by the third respondent to the fourth respondent on 07.10.2024. However, thereafter since no action has been taken by the fourth respondent, the present writ petition has been filed.

3. Heard Ms.V.Sasirekha learned counsel for the petitioner and Ms.M.Jayanthy, learned Additional Government Pleader appearing for the respondents 1 to 4. In view of the order that is going to be passed in this writ petition, notice to the private respondents 5 to 8 is hereby dispensed with.

4. Today when the case is taken up for hearing, the learned Additional Government Pleader would submit that, already a survey has been conducted in the land in question, where encroachment has been found out, based on which, necessary Form-1 procedure are being followed and thereafter with the help of the local bodies, steps would be taken to remove such encroachment made by either the private respondents or any other third parties within a time frame that may be stipulated by this Court.

5. In support of her contention, a copy of the written instructions given by the fourth respondent dated 05.11.2025, wherein inter alia the fourth respondent has stated the following:

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6. Having regard to the stand taken by the official respondents as stated by the learned Additional Government Pleader, we are inclined to dispos