Writ petition seeking removal of encroachments on government drainage channel. Court directed the Tahsildar to survey the area and remove encroachments after due process within four months. Petition disposed of accordingly.
Direction given to 2nd Respondent to conduct survey and remove encroachments after hearing within four months.
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W.P(MD)No.2025 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.01.2026
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.2025 of 2026
Rohini
... Petitioner
Vs.
... Respondents
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W.P(MD)No.2025 of 2026
Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1st to 3rd Respondents to remove the encroachments made by the 4th respondent in S.No. 63/7, which is classified as “Government Promboke and Rain Water Drainage Channel” situated at South Soorankudy, Dharmapuram North Village, Agastheeswaram Taluk, Kanyakumari District, based on the petitioner's representation dated 11.01.2026 within time stipulated by this Court.
For Petitioner : Mr.B.Micheal Sebastin
For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader for R.1 & R.2
Mr.R.Sathesh Standing Counsel for R.3
ORDER
Heard the learned counsel appearing for the writ petitioner and the
learned Additional Government Pleader appearing for the respondents 1 and 2. considering the nature of relief to be granted, issuance of notice to the fourth respondent is dispensed with.
2.The writ petitioner is a resident of South Soorankudy Post, Kanyakumari District. He alleges that there are encroachments in Survey No. 63/7.
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W.P(MD)No.2025 of 2026
3.The learned Additional Government Pleader states that the said
survey number has been classified as “water body (Vaikal)”.
4.We direct the second respondent to give notices to all the interested persons and conduct survey. If encroachments are noticed, notices shall be given to all the encroachers including the private respondent herein. After giving opportunity of hearing, the encroachments will be removed by adhering to due process of law. 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 disposed of accordingly. No costs.
[G.R.S., J.] [B.P., J.] 29.01.2026
NCC : Yes / No Internet : Yes / No Index : Yes / No MGA
To
1.The District Collector / Monitoring Committee, Nagercoil, Kanyakumari District.
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W.P(MD)No.2025 of 2026
G.R.SWAMINATHAN, J
and
B.PUGALENDHI, J.
MGA
W.P(MD)No.2025 of 2026
29.01.2026
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1 issue framed by the court
Whether encroachments exist on the government water body/survey number and, if so, whether they ought to be removed?
1 provisions across 1 enactments
Rohini
The District Collector / Monitoring Committee, Nagercoil, Kanyakumari District
The Tahsildar, Killiyoor Tahsildar Office, Killiyoor Taluk, Kanyakumari District
Jeya
G.R.Swaminathan
B.Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
