Resident sought mandamus to remove encroachment on a Government poramboke water body by the fifth respondent. Noting Form-I and Form-II notices already issued, the Court directed the Assistant Engineer to conclude proceedings observing natural justice and due process within four months.
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W.P(MD)No.29180 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.10.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.29180 of 2025
Shibu
... Petitioner
Vs.
1.The District Collector / Monitoring Committee,
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W.P(MD)No.29180 of 2025
5.Wilson
... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachments made by the fifth respondent in S.No.365/9, which is classified as 'Government Promboke and Water Body' situated at Tharavillai, Killiyoor 'A' Village, Killiyoor Taluk, Kanyakumari District, based on the petitioner's representation dated 05.03.2025 within time stipulated by this Court.
For Petitioner : Mr.B.Micheal Sebastin For Respondents : Mr.C.Venkatesh Kumar Special Government Pleader for R.1 to R.4
ORDER
Heard the learned counsel appearing for the writ petitioner and the
learned Special Government Pleader appearing for the respondents 1 to 4. Considering the nature of relief to be granted, issuance of notice to the fifth respondent is dispensed with.
2.The petitioner is a resident of Arasakulam Village. He alleges that
in the petition mentioned survey number, the fifth respondent has committed encroachment. He wants the same to be removed.
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W.P(MD)No.29180 of 2025
3.When the matter was taken up for hearing, the learned Special Government Pleader submitted that already Form – I and Form – II notices have been issued.
4.The fourth respondent is directed to take the process to its logical conclusion. The principle of natural justice will be observed; due process of law will have to be adhered. The fifth respondent has to be given fair opportunity. If the fourth respondent is convinced and satisfied that the water body has been encroached, then it shall be removed. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order.
5.This Writ Petition is allowed accordingly. There shall be no order
as to costs.
[G.R.S., J.] [B.P., J.] 16.10.2025
NCC : Yes / No Internet : Yes / No Index : Yes / No MGA
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W.P(MD)No.29180 of 2025
To
Nagercoil, Kanyakumari District.
4/5
W.P(MD)No.29180 of 2025
G.R.SWAMINATHAN, J
and B.PUGALENDHI, J.
MGA
W.P(MD)No.29180 of 2025
16.10.2025
5/5
1 issue framed by the court
Should authorities be directed to remove the fifth respondent's alleged encroachment of a Government Poramboke water body after due process?
1 provisions across 1 enactments
Shibu
The District Collector / Monitoring Committee, Nagercoil, Kanyakumari District
The Sub Collector, Padmanabhapuram, Thuckalay, Kanyakumari District
The Tahsildar, Killiyoor Taluk, Kanyakumari District
The Assistant Engineer, TWAD / Public Works Department, Pattanagal Sub Division, Kuzhithurai
Wilson
G.R.SWAMINATHAN
B.PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
