Disposed¶41

V.Sanmathi v. The District Collector

Madras HC16 Apr 2026WP(MD)/10487/2026

Case brief

AI extract

What is this about?

Pudukkottai District; Karambakudi Taluk; Elaikadividuthi; watercourse ('vari') and pond ('oorani/kulam') encroachment removal; Article 226 writ of mandamus; Tahsildar-directed survey with notice to interested persons; Form-I notice; statutory encroachment-removal procedure; encroachers given opportunity; six-month completion timeline; notice to respondents 4-19 dispensed; disposed of, no costs.

What did the court decide?

Mandamus effected through directions: the Tahsildar (second respondent) to conduct a survey after notice to all interested persons; Form-I notice to issue if encroachments are found; the Executive Engineer (third respondent) to take consequential statutory action giving encroachers due opportunity; confirmed encroachments to be removed; entire exercise to be completed within six months; petition disposed of with no costs.

V.Sanmathi Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondents 1 to 3 (District Collector, Tahsildar, Executive Engineer PWD) are obliged to remove encroachments in the seven named watercourses/irrigation channels and ponds (Chellaminthiri Varathu Vari, Varathu Vari, Vannappan KulamPeriyakulam Varathu Vari, Thalluviduthi Oorani, Chinna Vanniyan Kula, Vanniyan Kulam, Ootha Vari), including survey Nos.36, 37, 40, 53, 54, 57, 136, 142 and 144 in Elaikadividuthi, Karambakudi Taluk, Pudukkottai District, attributed to respondents 4 to 19.

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Court's answer

The second respondent (Tahsildar) is directed to conduct a survey of the allegedly encroached watercourses after issuing notice to all interested persons.

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Ratio / Principle

If the survey results indicate encroachments, Form-I notice is to be issued; thereafter the third respondent (Executive Engineer, PWD) is to take consequential action, following all procedures set out in the statute, giving every encroacher due opportunity to place their case, with encroachments to be removed once the competent authority confirms them.

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Key takeaways

The entire survey-and-removal exercise must be completed within a period of six months from the date of receipt of a copy of the order.ratio¶41
Issuance of notice to the private respondents 4 to 19 is dispensed with.¶38

Detailed headnote1 paragraphs

W.P.(MD)No.10487 of 2026, Madurai Bench of the Madras High Court (G.R.Swaminathan and B.Pugalandhi, JJ.), decided 16.04.2026 — A writ of Mandamus under Article 226 of the Constitution of India filed by V.Sanmathi, a resident, sought removal of encroachments in seven named varis (watercourses/irrigation channels) and ponds (oorani/kulam), including Chellaminthiri Varathu Vari, Thalluviduthi Oorani, Chinna Vanniyan Kula, Vanniyan Kulam and Ootha Vari, situated in survey Nos.36, 37, 40, 53, 54, 57, 136, 142 and 144 of Elaikadividuthi, Karambakudi Taluk, Pudukkottai District, attributed to private respondents 4 to 19; official respondents were the District Collector, the Tahsildar, Karambakudi Taluk, and the Executive Engineer, PWD, Pudukkottai District. Issuance of notice to respondents 4 to 19 was dispensed with. The Bench held/directed: the Tahsildar to conduct a survey after issuing notice to all interested persons; if encroachments are found, Form-I notice to follow and the Executive Engineer to take consequential action, all statutory procedures to be observed and all encroachers to be given due opportunity to place their case; encroachments confirmed by the competent authority to be removed; the entire exercise to be completed within six months of receipt of a copy of the order. The writ petition stands disposed of with no costs. No precedent was cited or engaged; no enactment other than Article 226 is named in the judgment.

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1 W.P.(MD)NO.10487 OF 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 16.04.2026

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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.10487 of 2026

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V.Sanmathi ... Petitioner

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Vs.

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The District Collector, Pudukkottai District, Pudukkottai.

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The Tahsildar, Karambakudi Taluk, Pudukkottai District.

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The Executive Engineer, Public Works Department, Pudukkottai District.

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Lokesh

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Thaara

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Adaikkalam

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Palanivel

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Nagalingam

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Saravanan

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Palaniyappan

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11.Selvaraj

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12.Manickam

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13.Chandrabose

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14.Durairaj

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1/5

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

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2 W.P.(MD)NO.10487 OF 2026

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15.Selvam 16.Anbazhagan 17.Ramalingam 18.Saravanan 19. Muthu Lakshmi ... 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 3 to remove the encroachments made in 1.Chellaminthiri Varathu Vari, 2. Varathu Vari, 3. Vannappan KulamPeriyakulam Varathu Vari, 4. Thalluviduthi Oorani, 5. Chinna Vanniyan Kula, 6. Vanniyan Kulam, 7. Ootha Vari situated including survey Nos.36, 37, 40, 53, 54, 57, 136, 142 and 144 in Elaikadividuthi, Karambakudi Taluk, Pudukkottai District made including the respondents 4 to 19 within the time stipulated by this Court.

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For Petitioner : Mr.I.Robert Chandra Kumar For Respondents : Mr.C.Venkatesh Kumar, Special Government Pleader for R-1 to R-3.

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O R D E R

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Heard the learned counsel appearing for the petitioner and the

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learnard Special Government Pleader appearing for respondents 1 to 3.

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2/5

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

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3 W.P.(MD)NO.10487 OF 2026

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Issuance of notice to the respondents 4 to 19 is dispensed

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with.

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The writ petitioner is a resident of Thirumanancheri Post. He alleges that a vari runs through survey Nos.37, 40, 54/1, 54/2, 57 and 142 in his village and that there are encroachments therein.

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We direct the second respondent to conduct survey after issuing notice to all the interested persons. If the survey results indicate that there are encroachments, Form-I notice will be issued. Thereafter, the third respondent is directed to take consequential action. All the procedures set out in the statute shall be followed. All the encroachers will be given due opportunity to place their case. Once the competent authority confirms that there are encroachments, the same will be removed. The entire exercise shall be completed within a period of six months from the date of receipt of a copy of this order. This writ petition stands disposed of. No costs.

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(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 16^th April 2026 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU

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3/5

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

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4 W.P.(MD)NO.10487 OF 2026

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To:

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The District Collector, Pudukkottai District, Pudukkottai.

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The Tahsildar, Karambakudi Taluk, Pudukkottai District.

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The Executive Engineer, Public Works Department, Pudukkottai District.

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4/5

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

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5 W.P.(MD)NO.10487 OF 2026

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G.R.SWAMINATHAN, J.

AND

B.PUGALENDHI, J.

PMU

W.P.(MD)No.10487 of 2026

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16.04.2026

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5/5

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

V.Sanmathi v. The District Collector

Case brief

What is this about?

What did the court decide?

V.Sanmathi v. The District Collector

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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