R.Ranvindran Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

R.Ranvindran Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ of mandamus allowed: respondents restrained from further construction on S.No.4, Iruvappuram-1 Village; existing construction to be dismantled, debris removed and the Peikulam Tank bund restored to its original condition within four weeks; no costs; connected miscellaneous petition (W.M.P.(MD)No.27451 of 2025) closed.

Issue for consideration

Whether the respondents can be restrained from putting up any further construction in S.No.4, Iruvappuram-1 Village, Eral Taluk (the Peikulam Tank water body), and whether whatever has already been constructed there must be removed. +1 more

Court's answer

Since the classification of S.No.4, Iruvappuram-1 Village, Eral Taluk as a water body is not in doubt, the authorities are restrained from carrying out any further construction there.

Ratio / Principle

Invocation of public interest does not justify condoning construction carried out by authorities on a classified water body; the integrity of water bodies should not be tinkered with.

Key takeaways

Whatever construction has already been put up on the tank land shall be dismantled, the debris removed, and the tank bund restored to its original condition, the entire exercise to be completed within four weeks from receipt of a copy of the order.ratio¶40

Detailed headnote1 paragraphs

Water body — Encroachment by State authorities — Writ of mandamus under Article 226 — Petitioner, a resident of Thoothukudi District, sought removal of a constructed portion (a fair price shop under construction) from the bund of the Peikulam Tank in S.No.4, Iruvappuram-1 Village, Eral Taluk, Thoothukudi District, measuring 127 Hectares 18.52 Ares, classified as a water body. Additional Government Pleader confirmed the water-body classification and sought condonation of the authorities' act in public interest. Court held that invocation of public interest does not warrant condoning construction on a classified water body, reiterating that the integrity of water bodies should not be tinkered with. Authorities restrained from further construction; existing construction ordered to be dismantled, debris removed and tank bund restored to original condition within four weeks. Writ petition allowed; no costs; connected miscellaneous petition closed. (Bench: G.R. Swaminathan and B. Pugalendhi, JJ.; decided 04.12.2025.)

W.P(MD)No.34745 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 04.12.2025

CORAM

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

W.P(MD)No.34745 of 2025

and

W.M.P.(MD)No.27451 of 2025

R.Ravindran

... Petitioner

Vs.

1.The District Collector, Thoothukudi.

2.The District Revenue Officer, Thoothukudi.

3.The Revenue Divisional Officer, Tiiruchendur Division, Thoothukudi.

4.The Tahsildar, Eral Taluk, Thoothukudi.

5.The Executive Engineer, Water Resources Department, Thoothukudi.

6.The Village Administrative Officer, Iruvappuram-I Village,

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W.P(MD)No.34745 of 2025

Eral Taluk, Thoothukudi.

7.Executive Officer, Sawyerpuram Town Panchayat, Thoothukudi.

... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to remove the constructed portion from the tank bund and restore the bund of the “Peikulam Tank” situated in S.No.4, Iruvappuram -1 Village, Eral Taluk. Thoothukudi District measuring 127 Hectare, 18.52 Ares to its original position based on the representations of the petitioner dated 10-10-2025 and 11-11-2025.

For Petitioner : Mr.R.Suriya

For Respondents : Mr.M.Siddharthan, Addl. Government Pleader.

ORDER

Heard both sides.

2.The writ petitioner is a permanent resident of Sivathaiyapuram,

Thoothukudi District. He wants this Court to restrain the respondents

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W.P(MD)No.34745 of 2025

from putting up any construction in S.No.4, Iruvappuram – 1 Village, Eral Taluk. His further request is that whatever has been constructed should also been removed.

3.When the writ petition was taken up for disposal, the learned Additional Government Pleader on instructions from the concerned officials confirmed that S.No.4 has been classified as a water body and that it measures over 127 hectares. The learned Additional Government Pleader submitted that this Court may condone the act committed by the authorities since it is in public interest. A fair price shop is under construction. He also pointed out that in the vicinity, there are other government buildings.

4.Invocation of public interest does not impresses us. We have been consistently holding that the integrity of water bodies should not be tinkered with. When the classification of S.No.4, Iruvappuram – 1 Village, Eral Taluk is not in doubt, then, we cannot be turn a blind eye to what has happened. The authorities are restrained from carrying of any further construction. Whatever construction has already been put up,

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W.P(MD)No.34745 of 2025

they shall be dismantled. The debris shall also be removed. The tank bund shall be restored to its original condition. This exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

5.This writ petition is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.S.J.,) & (B.P.J.,) 04.12.2025

NCC : Yes/No Index : Yes / No Internet : Yes/ No ias

To:-

1.The District Collector, Thoothukudi.

2.The District Revenue Officer, Thoothukudi.

3.The Revenue Divisional Officer, Tiiruchendur Division, Thoothukudi.

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W.P(MD)No.34745 of 2025

4.The Tahsildar, Eral Taluk, Thoothukudi.

5.The Executive Engineer, Water Resources Department, Thoothukudi.

6.The Village Administrative Officer, Iruvappuram-I Village, Eral Taluk, Thoothukudi.

7.Executive Officer, Sawyerpuram Town Panchayat, Thoothukudi.

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W.P(MD)No.34745 of 2025

G.R.SWAMINATHAN, J. and B.PUGALENDHI, J.

ias

W.P(MD)No.34745 of 2025

04.12.2025

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