Meenambal Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

Meenambal Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: the third respondent (Tahsildar, Avudayiyarkovil Taluk) to conduct a survey of Survey No.61/1 after notifying all interested persons and encroachers; encroachments indicated by the survey to be removed; all encroachments to be cleared within four months of receipt of a copy of the order. Issuance of notice to R5 was dispensed with. No costs.

Issue for consideration

Whether encroachments have been made in Survey No.61/1 at Patharasarkottai Village (Kammangadu Revenue Village, Aranthangi Taluk, Pudukkottai District) and whether Respondents 1 to 4 should be directed to remove the encroachment allegedly committed by the fifth respondent, Chandrappa Thevar, in the water channel/water body.

Court's answer

On written instructions supplied by the Additional Government Pleader during the hearing, the Additional Government Pleader confirmed to this Court that Survey No.61/1 is a water body, forming the factual basis for the Court's directions.

Ratio / Principle

The Court directed the third respondent (Tahsildar, Avudayiyarkovil Taluk) to conduct a survey, and required that notice be given to all interested persons and encroachers before the survey is conducted.

Key takeaways

If the survey results indicate encroachments in the water body, they shall be removed, and all encroachments must be cleared within a period of four months from the date of receipt of a copy of this order.ratio¶34

Detailed headnote1 paragraphs

Writ petition (W.P.(MD)No.16288 of 2025, Madurai Bench of Madras High Court, judges G.R.Swaminathan and B.Pugalendhi, decided 17.06.2025) filed under Article 226 of Constitution of India by Meenambal, a resident of Patharasarkottai Village, Aranthangi Taluk, seeking a Writ of Mandamus to respondents 1 to 4 to remove the encroachment made by the fifth respondent (Chandrappa Thevar) in the water channel in Survey No.61/1, acting on her representations dated 19.11.2022 and 10.07.2023. Notice to R5 was dispensed with. On written instructions, the Additional Government Pleader confirmed that Survey No.61/1 is a water body. The Court directed the Tahsildar, Avudayiyarkovil Taluk to conduct a survey after giving notice to all interested persons and encroachers, ordered removal of any encroachments indicated in the water body, and fixed a four-month deadline (from receipt of a copy of the order) for clearing all encroachments. The petition was disposed of accordingly; no costs were awarded.

W.P.(MD)No.16288 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 17.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI

W.P(MD)No.16288 of 2025

Meenambal

... Petitioner

Vs.

1.The District Collector,

Pudukkottai District, Pudukkottai.

2.The Revenue Divisional Officer, Aranthangi, Pudukkottai District.

3.The Tahsildar, Avudayiyarkovil Taluk, Pudukkottai District.

4.The Block Development Officer, Aranthangi Union, Aranthangi, Pudukkottai District.

5.Chandrappa Thevar

... Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 4 to remove the encroachment made by the fifth respondent in the water channel in Survey No.61/1 situated at 1/5

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

W.P.(MD)No.16288 of 2025

Patharasarkottai Village, Kammangadu Revenue Village, Aranthangi Taluk, Pudukkottai District based on the petitioner's representation dated 19.11.2022 and 10.07.2023 within a time stipulated by this Court.

For Petitioner :Mr.R.Prasanna

For Respondents :Mr.A.Kannan Additional Government Pleader for R1 to R3

: Mr.C.Venkatesh Kumar Special Government Pleader for R4

ORDER

Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the official respondents. Issuance of notice to R5 is dispensed with.

The petitioner is a resident of Patharasarkottai Village in Aranthangi Taluk. He alleges that in Survey No.61/1, there are encroachments.

That encroachment has been committed by the fifth respondent. He wants the same to be removed.

When the matter was taken up for hearing, the learned Additional

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W.P.(MD)No.16288 of 2025

Government Pleader, on written instructions, confirmed that Survey No.61/1 is a water body.

In this view of the matter, we direct the third respondent to conduct

survey. Notice shall be given to all the interested persons & encroachers before conducting survey. If the survey results indicate that there are encroachments in the water body, the same shall be removed. All the encroachers shall not only be put on notice but also given due opportunity. All the encroachments shall be cleared within a period of four months from the date of receipt of a copy of this order.

The Writ Petition is disposed of accordingly. No costs.

[G.R.S., J.] [B.P., J.] 17.06.2025

NCC : Yes / No Internet : Yes / No Index : Yes / No rmi

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W.P.(MD)No.16288 of 2025

G.R.SWAMINATHAN, J

and

B.PUGALENDHI, J.

rmi

To

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Revenue Divisional Officer, Aranthangi, Pudukkottai District.

3.The Tahsildar, Avudayiyarkovil Taluk, Pudukkottai District.

4.The Block Development Officer, Aranthangi Union, Aranthangi, Pudukkottai District.

W.P(MD)No.16288 of 2025

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W.P.(MD)No.16288 of 2025

17.06.2025

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