M.Varatharajan Vs the State of Tamil Nadu

Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in G.O.(Ms) No.98(Agriculture(AU) Department) dated 29.02.2016 issued by the first respondent and quash the same as illegal consequently direct the respondents 3 to 7 to remove of all types of encroachments in water bodies, water courses and temple lands at Thottappa Naickanur Village, Usilampatti Taluk viz., Vaikkal lands comprised in

¶26

2/7

¶27

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

¶28

3 W.P.(MD)NO.17221 OF 2020

¶29

survey Nos.92/3, 94/3, 100/4, 104, 105, 106, 116, 121, 120, 130/1, 131/1, Vari poramboke lands in survey Nos.69, 70, 71, 74, 75, 82, 99, 102, 108, 119, 123, 124, 101, 126, 123, 125, 132 and land measuring 44 cents in survey No.127/3 belongs to Arulmigu Sinnamalai Mahalingam Swami temple and to restore all the water bodies and water courses to their original shape, size, capacity.

¶30

For Petitioner : Mr.T.Balakumaran

¶31

For Respondents : Mr.S.Vinodh, Government Advocate for R-1, R-3to R-8.

¶32

Mr.A.Thirumurthy for R-2.

¶33

Mr.N.Tamilmani for R-9.

¶34

Mr.P.R.Prithivraj for R-10.

¶35

¶36

O R D E R

¶37

Heard the learned counsel on either side.

¶38

The writ petitioner is a resident of Thottappanaickanur

¶39

Village. He alleges that the tenth respondent had committed encroachment on Government lands as well as the water bodies.

¶40

3/7

¶41

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

¶42

4 W.P.(MD)NO.17221 OF 2020

¶43

According to the petitioner, the tenth respondent had fraudulently obtained approval for running his agricultural college. In this writ petition, the Government Order issued by the Government has also been challenged. The learned counsel for the petitioner states that he may be given liberty to challenge the Government Order again based on the outcome of survey that is now being conducted by the authorities.

¶44

We direct the sixth respondent to conduct survey and identify the encroachments. The learned Government Advocate

¶45

submits that survey exercise is about to be completed.

¶46

The results of the survey exercise will be duly intimated to the petitioner. If the authorities are satisfied that there are encroachments, prompt action will be taken to clear all the encroachments. It is needless to say that before clearing the encroachments, all the encroachers will be put on notice. Based on the proceedings to be issued by the authorities which will be communicated to the petitioner also, the petitioner can challenge the impugned Government Order again. This exercise shall be completed 4/7

¶47

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

¶48

5 W.P.(MD)NO.17221 OF 2020

¶49

by the authorities within a period of three months from the date of receipt of a copy of this order. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

¶50

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 12^th February 2026 NCC : Yes / No Index : Yes / No Internet : Yes / No

¶51

PMU

¶52

5/7

¶53

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

¶54

6 W.P.(MD)NO.17221 OF 2020

¶55

To: