Dismissed¶23

Peer Mohammed a v. The District Collector

Madras HC4 Sept 2025WP(MD)/23781/2025

Case brief

AI extract

What is this about?

Writ petition under Article 226 by A.Peer Mohammed seeking mandamus to restrain Pudukottai revenue authorities from dispossessing him of property in S.No.18/1, Rethinakkottai Village, Aranthangi, except per the order dated 05.03.2024 in W.P.(MD)No.31268 of 2023 directing one-go removal of encroachments; petitioner admittedly in possession of a portion of water body after lease expiry; prior writs W.P.(MD)Nos.14209 of 2013 and 242 of 2023 dismissed; held petitioner cannot invoke the one-go removal direction, which binds the authorities; writ dismissed, no costs. Keywords: Article 226, writ of mandamus, encroachment, water body, lease expired, dispossession, Pudukottai, Aranthangi, Taluk/Tahsildar.

What did the court decide?

None - writ petition dismissed with no costs; connected miscellaneous petition (W.M.P.(MD)No.18697 of 2025) closed.

Peer Mohammed a Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

None - writ petition dismissed with no costs; connected miscellaneous petition (W.M.P.(MD)No.18697 of 2025) closed.

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Issue for consideration

Whether the petitioner, who admittedly remains in possession of a portion of a water body after expiry of the lease and whose earlier writ petitions (W.P.(MD)Nos.14209 of 2013 and 242 of 2023) stand dismissed, can rely on the direction in the order dated 05.03.2024 in W.P.(MD)No.31268 of 2023 that all encroachments be removed 'at one go', so as to resist dispossession by the respondents.

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Court's answer

The writ petitioner is admittedly in possession of a portion of the water body.

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Ratio / Principle

The lease period of the petitioner has come to an end.

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Key takeaways

The writ petitioner cannot take advantage of the Court's observation/direction that all encroachments should be removed at one go; that direction is a duty cast on the authorities.ratio¶23
The Court expressed confidence that the authorities will adhere to the said direction (removal of encroachments at one go).obiter¶23

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), Division Bench (G.R.Swaminathan & B.Pugalendhi, JJ.), 04.09.2025 - W.P.(MD)No.23781 of 2025 (with W.M.P.(MD)No.18697 of 2025). Article 226 mandamus - encroachment on water body. The petitioner, admittedly in possession of a portion of a water body situated at S.No.18/1 in Rethinakkottai Village, Aranthangi, Pudukottai, with the lease period ended, and whose earlier writ petitions W.P.(MD)No.14209 of 2013 and W.P.(MD)No.242 of 2023 had been dismissed, sought forbearance of the respondents (District Collector, District Registrar, Revenue Divisional Officer and Tahsildar, Pudukottai) from dispossessing him otherwise than in adherence to the order dated 05.03.2024 in W.P.(MD)No.31268 of 2023, wherein the Court had directed that all encroachments be removed at one go. HELD: the petitioner cannot take advantage of that observation - removal of encroachments at one go is a duty cast on the authorities, and the Court expressed confidence that the authorities will adhere to it. Writ petition dismissed with no costs; connected miscellaneous petition closed.

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1 W.P.(MD)NO.23781 OF 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 04.09.2025

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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 HON'BLE MR.JUSTICE B.PUGALENDHI

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W.P.(MD)No.23781 of 2025 AND W.M.P.(MD)No.18697 of 2025

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A.Peer Mohammed ... Petitioner

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Vs.

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The District Collector, Pudukottai District, Pudukottai.

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The District Registrar, Pudukottai District, Pudukottai.

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The Revenue Divisional Officer, Pudukottai District, Pudukottai.

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The Tahsildar, Aranthangi Taluk, Pudukottai District. ... Respondents

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Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from dispossessing the petitioner from his property situated at S.No.18/1 in Rethinakkottai Village, Aranthangi, Pudukottai without adhering to the order dated 05.03.2024 made in W.P.(MD)No.31268 of 2023 on the file of this Court.

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

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2 W.P.(MD)NO.23781 OF 2025

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For Petitioner : Ms.H.Jasima Yasmin, for M/s.Ajmal Associates. For Respondents : Mr.R.Ragavendran, Government Advocate. * * *

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O R D E R

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Heard both sides.

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The writ petitioner is admittedly in possession of a portion

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of water body. The lease period has also come to an end. The petitioner had earlier filed W.P.(MD)No.14209 of 2013 and the same was also dismissed. Challenging the same, he filed W.P.(MD) No.242 of 2023 and it was also dismissed. The petitioner now wants to cling on to the direction given by us that all the encroachments should be removed at one go. The writ petitioner cannot take advantage of this observatiion. It is a duty which we have cast on the authorities. We are confident that the authorities will adhere to the said direction. This writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 04^th September 2025

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NCC : Yes / No Index : Yes / No Internet : Yes / No PMU

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

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