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R.Parimala v. The District Collector / Monitoring Committee

Madras HC21 Aug 2025WP(MD)/22622/2025

Case brief

AI extract

What is this about?

Encroachment on water body; Vaikal Odai and Karai; Survey Nos. 258/3 and 259/5; Javathupatti Village; Ottanchathiram Circle/Taluk; Dindigul District; writ of mandamus under Article 226; direction to Tahsildar to conduct survey with notice to encroachers; removal of encroachments within four months; private encroacher C.Velusamy; Water Resources Department Nanganjiyar Division; representation dated 24.07.2025; Madurai Bench of Madras High Court; disposed with no costs.

What did the court decide?

Writ petition disposed of with directions to the third respondent (Tahsildar) to conduct a survey after notice to all interested persons and encroachers, and to remove/clear any encroachments found in the water body within four months of receipt of a copy of the order; no costs. ¶38

R.Parimala Vs The District Collector / Monitoring… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondents 1 to 7 should be directed, by writ of mandamus, to remove the encroachment made by the 8th respondent (C.Velusamy) in Survey No.258/3 and Survey No.259/5, noted as Vaikal Odai and Karai, in Javathupatti Village, Ottanchathiram Circle, Dindigul District, which are alleged to be classified as water bodies.

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Court's answer

The court records that the petitioner's assertion that the petition-mentioned survey numbers are classified as water bodies containing encroachments stands confirmed by the official respondents.

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Ratio / Principle

The third respondent (Tahsildar, Ottanchathiram) is directed to conduct a survey of the petition-mentioned survey numbers, giving prior notice to all interested persons and encroachers.

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Key takeaways

If the survey results indicate encroachments in the water body, those encroachments shall be removed.ratio¶37
All encroachers shall be put on notice and given due opportunity, and all encroachments shall be cleared within a period of four months from the date of receipt of a copy of the order.ratio¶37

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), Coram G.R.Swaminathan and B.Pugalandhi, JJ., disposed of a writ petition under Article 226 filed by R.Parimala, a resident of Javathupatti Village, seeking removal of the encroachment made by the 8th respondent (C.Velusamy) in Survey Nos. 258/3 and 259/5, noted as Vaikal Odai and Karai, in Javathupatti Village, Ottanchathiram Circle, Dindigul District, pursuant to her representation dated 24.07.2025. The official respondents confirmed that the survey numbers are classified as water bodies and contain encroachments. The Court directed the Tahsildar (third respondent) to conduct a survey after giving notice to all interested persons and encroachers, affording them due opportunity; if the survey indicates encroachments in the water body, they are to be removed, with all encroachments to be cleared within four months from receipt of a copy of the order. Disposed of with no costs.

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WP(D)No.22622 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 21.08.2025

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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AND

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD)No.22622 of 2025

R.Parimala

... Petitioner

Vs.

1.The District Collector/ Monitoring Committee, Office of the District Collector, Dindigul District.

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2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Palani Taluk, Dindigul District.

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3.The Tahsildar, Office of the Tahsildar, Ottanchathiram, Dindigul District.

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4.The Executive Engineer, Water Resources Department, Nanganjiyar Division, Palani, Ottanchathiram, Dindigul District.

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5.The Assistant Executive Engineer, Water Resources Department, Nanganjiyar Division, Vedasandur, Dindigul District.

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

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1/5

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WP(D)No.22622 of 2025

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6.The Assistant Engineer, Water Resources Department, Nanganjiyar Division, Vedasandur, Dindigul District.

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7.The Inspector of Police, Kallimandayam Police Station, Dindigul District.

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8.C.Velusamy

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... Respondents

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Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents 1 to 7 to remove the encroachment made by the 8^th respondent in Survey No.258/3 and in Survey No.259/5 noted as Vaikal Odai and Karai in Javathupatti Village, Ottanchathiram Circle, Dindigul District based on the representation of the petitioner dated 24.07.2025.

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For Petitioner : Mr.S.Ramsundarvijayaraj

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For Respondents : Mr.A.Kannan, Additional Government Pleader for R1 to R6

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Mr.T.Senthil Kumar, Additional Public Prosecutor for R7

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ORDER

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Heard the learned counsel for the petitioner and the learned

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Additional Government Pleader for R1 to R6 and the learned Additional Public Prosecutor for R7.

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

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2/5

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WP(D)No.22622 of 2025

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2.The petitioner is a resident of Javathupatti Village. She alleges that

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the petition mentioned survey numbers have been classified as water bodies and that there are encroachments therein.

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3.This assertion of the writ petitioner is confirmed by the official

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respondents.

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4.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.

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