R.Madheswaran v. The District Collector

ORDER (Order of the Court was made by C.Kumarappan J.) The present writ petition has been filed to forbear the respondents 1 to 7 from converting Arya Gounder Odai situated in S.F.No.45, Karadipatti Village into pathway/road and remove the encroachment in water body/ Odai and not to make any changes in usage of Odai and thereby, implement the order of this Court to construct the check dam in the above said survey number.

¶2When the matter is taken up for hearing, the learned Additional Government Pleader, by relying upon of the counter statement, would submit that the subject encroachment has already been removed and the details of such compliance has been referred to in paragraph Nos.8 and 9 of the counter affidavit, which reads as follows:

¶8It is submitted with respect to the averments in para 7 to 10, the representation of the petitioner is being complied with and encroachments are removed. The check dam construction is ongoing. It is also stated that the Page3 of 6 Judgment of this Hon'ble Court is implemented in its strict sense and the farmers will be benefitted. As stated earlier, the order of the District Collector dated 26.10.2018 is also given effect to.

¶9It is submitted that there is no such problem of preventing the construction of check dam by anyone and the work is being executed by the 4th respondent without any protest. There is no proposal to form any road in the odai poramboke land and this office is not authorizing anybody to form the road in the above land and the averments made by the petitioner are false and frivolous.

¶3In view of the above submission, no further order is required in this matter. In the result, the Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is also closed. (S.M.S.,J.) (C.K.,J.) 18-02-2026 Index: Yes/No Speaking/Non-speaking order VSI To

¶1The District Collector of Salem, Collectorate,Salem District.

¶2The Distric Revenue Officer Collectorate, Salem District.

¶3The REvenue Divisional Officer Attur Town and taluk, Salem District.

¶4The Block Development Officer Page4 of 6

¶5The Tahsildar

¶6The Revenue Inspector Yethapur, Salem District.

¶7The Village Administration Officer Kottavadi. WPoNo.o22249oofo2022 S.M.SUBRAMANIAM,eJ. AND C.KUMARAPPAN,eJ. vsi WPeNo.e22249eofe2022 18-02-2026 Page5oofo6 Page6 of 6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-02-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN and W.M.P.No.21270 of 2022 R.Madheswaran, S/o.K.N. Ramasamy, Pelur Karadipatti, Kottavadi Post, Pethanaickenpalayam Taluk, Salem District- 636 115. ..Petitioner(s) Vs 1. The District Collector of Salem, Collectorate, Salem District. 2. The Distric Revenue Officer Collectorate, Salem District. 3. The Revenue Divisional Officer Attur Town and Taluk, Salem District. 4. The Block Development Officer 5. The Tahsildar 6. The Revenue Inspector Yethapur, Salem District. 7. The Village Administration Officer Kottavadi. 8. Murugan S/o.Veeramuthu, B.Karadipatti Village, Kottavadi Post, Pethanaickenpalayam Taluk, Salem District. Page2 of 6 ..Respondent(s) To forbear the respondents 1 to 7 from converting Arya Gounder Odai Situated in S.F. No.45,B.Karadipatti Village into pathway / road and remove the encroachment in water body / Odai not to make any changes in usage of Odai and thereby implement the order of this Honble Court to construct the check dam in the above said survey Number. For Petitioner(s): Mr.G.Anantharangan For Respondent(s): Mr.T.Arun Kumar, AGP for R1 to R7 No Appearance - R8.