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S.S.Muthurajan v. Revenue and Disaster Management

Madras HC20 Nov 2025WP(MD)/33024/2025

Case brief

AI extract

What is this about?

Keywords: mandamus; encroachment removal; watercourse poramboke land; Public Works Department; Kalasalingam and Anandammal Charities trust; breach of affidavit of undertaking; Tahsildar Watrap Taluk; Virudhunagar; Kunnoor Village S.Nos.582, 582/1, 582/2, 521/1; notice to fifth respondent dispensed; Article 226; Madras High Court Madurai Bench; writ petition allowed; no costs. Bench: G.R.Swaminathan and B.Pugalendhi, JJ.; decided 20.11.2025.

What did the court decide?

Writ of mandamus: the fourth respondent (Tahsildar, Watrap Taluk) directed to remove the fifth respondent's encroachment in survey Nos.582, 582/1, 582/2 and 521/1, Kunnoor Village, Srivilliputhur Taluk, Virudhunagar District, conditioned on there being no other legal impediment and no other judicial order in the fifth respondent's favour; no costs. ¶48

S.S.Muthurajan Vs Revenue and Disaster Management — 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 4 should be directed, by writ of mandamus under Article 226, to remove the encroachment made by the fifth respondent in the watercourse and watercourse peripheral poramboke land (Public Works Department) in survey Nos.582, 582/1, 582/2 and 521/1, Kunnoor Village, Srivilliputhur Taluk, Virudhunagar District, given the fifth respondent's unfulfilled undertaking to demolish the building by end of October 2024.

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Court's answer

More than a year has elapsed since the deadline (end of October 2024) fixed under the fifth respondent's undertaking, and the encroachments were not self-cleared; this non-compliance grounded the court's direction.

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Ratio / Principle

Issuance of notice to the fifth respondent is dispensed with.

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Key takeaways

The fourth respondent (Tahsildar) is directed to remove the encroachment, provided there is no other legal impediment.ratio¶48
If the fifth respondent is not armed with another judicial order in its favour, the encroachment has to be removed without any further delay.ratio¶48

Detailed headnote1 paragraphs

Encroachment on Government watercourse and peripheral poramboke land (P.W.D.) in S.Nos.582, 582/1, 582/2 and 521/1, Kunnoor Village, Srivilliputhur Taluk, Virudhunagar District, put up by the fifth respondent, Kalasalingam and Anandammal Charities (registered trust, educational institution). In the trust's earlier writ petition W.P.(MD)No.21497 of 2023, the Bench had dismissed the challenge on 14.03.2024 but granted six months, upon an affidavit of undertaking, to physically remove the building; the undertaking required self-clearance before end of October 2024, accompanied by a letter dated 23.04.2024. With more than a year elapsed and the undertaking dishonoured, the Bench dispensed with notice to the fifth respondent and directed the Tahsildar (fourth respondent) to remove the encroachment if there is no other legal impediment, i.e., unless the trust holds another judicial order in its favour, and without further delay. Writ petition under Article 226 allowed; no costs.

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1 W.P.(MD)NO.33024 OF 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 20.11.2025

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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.33024 of 2025

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S.S.Muthurajan ... Petitioner

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Vs.

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The Revenue and Disaster Management, Chief Secretariat, Chennai.

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The District Collector, O/o.the District Collector, Virudhunagar District.

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The District Revenue Officer, District Revenue Office, Virudhunagar.

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The Tahsildar, O/o.the Tahsildar, Watrap Taluk, Virudhunagar District.

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Kalasalingam and Anandammal Charities, A registered trust (having No.60/1983), Rep.by Trustee having office at Anand Nagar, Krishnan Kovil,

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

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2 W.P.(MD)NO.33024 OF 2025

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Watrap Taluk, Virudhunagar District.

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... Respondents

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Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the fifth respondent in watercourse and watercourse peripheral poramboke land under the control of the Government-owned Public Works Department located in Virudhunagar District, Srivilliputhur Taluk, Kunnoor Village survey Nos.582, 582/1, 582/2 and 521/1 within the stipulated time that may be fixed by this Court.

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For Petitioner : Mr.S.Ponsaravanan

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For R-1 to R-4 : Mr.C.Venkatesh Kumar, Special Government Pleader.

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O R D E R

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Heard the learned counsel appearing for the writ petitioner

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and the learned Special Government Pleader appearing for respondents 1 to 4.

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2/8

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

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3 W.P.(MD)NO.33024 OF 2025

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Issuance of notice to the fifth respondent is dispensed with.

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The petitioner seeks removal of the encroachment in the petition-mentioned survey numbers. It is specifically alleged that the fifth respondent which is an educational institution has put up building in the said water course. The fifth respondent had earlier filed W.P.(MD)No.21497 of 2023 challenging the action taken by the authorities for removing the encroachment. The writ petition was dismissed by us on 14.03.2024. However accepting the request made by the fifth respondent herein(writ petitioner therein), we granted six more months to them to physically remove the building in question. It was subject to the condition that the fifth respondent herein filed the affidavit of undertaking to remove the building in question within the aforesaid period. Thereafter, the fifth respondent had written a letter dated 23.04.2024 which reads as follows:-

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3/8

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

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4 W.P.(MD)NO.33024 OF 2025

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4/8

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

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5 W.P.(MD)NO.33024 OF 2025

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The affidavit of undertaking given by the fifth respondent reads as

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follows:-

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5/8

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

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6 W.P.(MD)NO.33024 OF 2025

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6/8

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

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7 W.P.(MD)NO.33024 OF 2025

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As per the undertaking given by the fifth respondent, the

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encroachments should have been cleared by them on their own before the end of October 2024. We are now in November 2025. More than a year has elapsed. The fourth respondent is directed to remove the encroachment in question, if there is no other legal impediment. In other words if the fifth respondent is not armed with another judicial order in his favour, the encroachment has to be removed without any further delay. This writ petition stands allowed on these terms. No costs.

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(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 20^th November 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU

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To:

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