Prayer:

Writ petition filed under Article 226 of the Constitution of India, issuing a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment made in survey Nos.307/4, 304/2, 307/1, 307/2, 305/2, 323/4, 324 and 326 which are classified as “sarkar Poramboke-Odai” and Geological stream” situated at Koodalvavi Village, Srirampuram Town Panchayat, Dindigul District and consequently direct the respondents to protect and preserve the “sarkar poramboke-odai” from any form of encroachment in future in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.A.R.Jeya Rhuthran

For Respondents : Mr.G.V.Vairam Santhosh, Additional Government Pleader for R-1 to R-5.

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O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 5.

2. Issuance of notice to the sixth respondent is dispensed with.

3. The writ petitioner is a resident of Polimmannur Village. He alleges that in the petition mentioned survey numbers, there are encroachments and that the same have to be removed.

4. When the matter was taken up for hearing, the learned Additional Government Pleader conceded that the petition mentioned survey numbers have been classified as “Odai(Nilaviyal Odai)”. They are water bodies. It appears that there are encroachments in the water body. Encroachment in any water body cannot be permitted.

5. The third respondent is directed to issue notice to the private respondent and other encroachers if any, conduct survey and if the encroachments are noticed, then by adhering to due process of law, the encroachments shall be removed. The entire exercise will be completed within a period of four months from the date of receipt of a copy of this order. This writ petition stands disposed of accordingly.

No costs.