Disposed¶37

Selvam v. The District Collector

Madras HC17 Jul 2025WP(MD)/18856/2025

Case brief

AI extract

What is this about?

Encroachment removal; water channel and pathway; Annathanakaveri Channel; Valasamuthirakulam; Senthankudi Village; Alangudi Taluk; Pudukkottai; writ of mandamus; Article 226 Constitution of India; survey numbers 75-199/2; four-month undertaking; notice and due opportunity to encroachers; Public Works Department (WRD) South Vellaru Sub-Basin; Tahsildar proceedings Na.Ka.A1/6517/2022 and Na.Ka.A1/0733/2025; prior order W.P.(MD)No.20358 of 2021 (21.12.2021); W.P.(MD)No.18856 of 2025; disposed 17.07.2025; G.R. Swaminathan J.; B. Pugalendhi J.

What did the court decide?

Writ petition disposed of recording the Government Advocate's undertaking to complete the survey and remove the encroachments within four months, after giving the encroachers proper notice and due opportunity; no costs. ¶37

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing respondents 3 and 5 to remove the encroachments made by private respondents 7 and 8 and other encroachers on the water channel and pathway in S.Nos.75, 76, 77, 88, 89, 91, 92, 93, 108, 109, 112, 113, 116, 117, 132, 133 and 199/2 in Annathanakaveri Channel and Valasamuthirakulam, Senthankudi Village, Alangudi Taluk, Pudukkottai District.

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Court's answer

The Court recorded the stand of the learned Government Advocate and disposed of the writ petition, with no costs.

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Ratio / Principle

The disposal rests on the Government Advocate's recorded undertaking that the survey exercise would be completed and the encroachments removed within four months, with all encroachers to be given proper notice and due opportunity, and clearance effected only after confirming occupation of the water channel.

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Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), per G.R. Swaminathan and B. Pugalendhi JJ., disposed of a writ petition under Article 226 by a resident of Senthankudi Village seeking mandamus to direct respondents 3 and 5 to remove encroachments by private respondents 7 and 8 and others on the Annathanakaveri Channel and Valasamuthirakulam water channel and pathway (S.Nos.75-133 and 199/2), Alangudi Taluk, Pudukkottai District, based on Tahsildar's proceedings Na.Ka.A1/6517/2022 (11.10.2022) and Na.Ka.A1/0733/2025 (20.03.2025). An earlier petition (W.P.(MD)No.20358 of 2021, disposed 21.12.2021) had led to clearance of bank encroachments, but channel encroachments remained. Recording the Government Advocate's stand that the petition-mentioned survey numbers had been surveyed and encroachments identified, and his undertaking to complete the exercise and remove encroachments within four months after giving encroachers proper notice and due opportunity, the Bench disposed of the petition with no costs.

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W.P.(MD)No.18856 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 17.07.2025

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CORAM

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

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W.P(MD)No.18856 of 2025

Selvam

... Petitioner

Vs.

1.The District Collector, Pudukkottai District.

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

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3.The Assistant Executive Engineer, Public Works Department (WRD), South Vellaru Sub-Basin, Pudukkkottai District.

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4.The Tahsildar, Alangudi, Pudukkottai District.

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5.The Block Development Officer (VP), Alangudi Panchayat Union, Pudukkottai District.

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6.Ilangeravan

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7.Ganeshnathan

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8.Tamilarasan ... Respondents

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1/5

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

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W.P.(MD)No.18856 of 2025

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Prayer:

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Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the 3rd and 5th respondents to remove the encroachments made by the private respondents No.7 and 8 and other encroachers on the water channel and pathway in S.No.75, 76, 77, 88, 89, 91, 92, 93, 108, 109, 112, 113, 116, 117, 132, 133 and 199/2 in Annathanakaveri Channel and Valasamuthirakulam in Senthankudi Village, Alangudi Taluk, Pudukkottai District based on the proceedings of the 4^th respondent in Na.Ka.A1/6517/2022 dated 11.10.2022 and Na.Ka.A1/0733/2025 dated 20.03.2025 with in time frame fixed by this Court.

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For Petitioner :Mr.N.Jeyaram Sidharth

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For Respondents :Mr.S.Vindh Government Advocate for R1 to R4 : Mrs.K.Malathi Additional Government Pleader for R5

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ORDER

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The petitioner is a resident of Senthankudi Village. In the year 2021, a fellow villager filed W.P.(MD)No.20358 of 2021 for clearing the encroachments in Periyathal Kulam situated in the village and also the surplus channel. The writ petition was disposed of on 21.12.2021 in the following terms:-

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2/5

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

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W.P.(MD)No.18856 of 2025

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“8. In view of the above, this writ petition is disposed of with the directions to the fifth respondent to remove all the encroachments identified in the survey with the report to it for further action in the matter. The encroachments be accordingly removed within a period of three months from the date of receipt of a copy of this order. No costs.”

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The learned counsel for the petitioner states that pursuant to the said direction of the first Bench, the encroachments in the bank were cleared. But the encroachments in the channel have not been cleared and therefore, the present writ petition came to be filed.

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When the matter was taken up for hearing, the learned Government Advocate submitted that all the petition mentioned survey numbers had already been surveyed and encroachments have been identified. He states that within a period of four months from today, not only the survey exercise will be completed, but also the encroachment will be removed. He further undertakes that all the encroachers will be given proper notice and due opportunity to place their case. Only after duly confirming that they are in occupation of the water channel, the encroachments will be cleared.

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3/5

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

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W.P.(MD)No.18856 of 2025

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