Sundaravel A.M. Vs the Principal Secretary — Writ and Judicial Review | Madras HC (2026)

Sundaravel A.M. Vs the Principal Secretary — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Writ petition allowed with mandamus directions to respondents 1 to 4: issue notice to all persons concerned, ascertain the true character of the land, take action to remove encroachments, ensure all encroachments in Munneerpallam Village Pond are cleared and the original position restored, concluding the exercise within four months of receipt of a copy of the order; no costs.

Issue for consideration

Whether a writ of mandamus should be issued directing respondents 1 to 4 to remove the encroachments in Munneerpallam Village Pond, Palayamkottai Taluk, Tirunelveli District. +1 more

Court's answer

At the final hearing it was conceded that encroachments exist in a portion of the Munneerpallam Village pond.

Ratio / Principle

The authorities will issue notice to all persons concerned and, after ascertaining the true character of the land, take action for removal of encroachment.

Key takeaways

The authorities are directed to ensure that all encroachments in the petition-mentioned pond are cleared and the original position is restored.ratio¶¶34
The encroachment-clearance exercise shall be concluded within four months from the date of receipt of a copy of the order.ratio¶¶34
The Court clarified that it has not gone into the merits of the matter; the impleaded respondent's encroachment status was not adjudicated by the Court.obiter

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), by order dated 13.03.2026 (G.R.Swaminathan and B.Pugalendhi, JJ.), allowed W.P.(MD)No.21056 of 2021 — A.M.Sundaravel (petitioner-in-person) v. Principal Secretary, Revenue Department, Tamil Nadu and others — a petition pending since 2021 under Article 226 seeking a writ of mandamus for removal of encroachments in Munneerpallam Village Pond, Palayamkottai Taluk, Tirunelveli District. At final hearing, encroachment in a portion of the pond was conceded. The impleaded fifth respondent, S.S.Kaja Sadhurutheen (impleaded vide order dated 13.03.2026 in W.M.P.(MD)No.18139 of 2021), was asserted by his counsel to have committed no encroachment, but the Bench expressly did not go into the merits. The Court directed the authorities to issue notice to all persons concerned, ascertain the true character of the land, and thereafter act for removal of encroachment, ensuring that all encroachments in the pond are cleared and the original position restored within four months of receipt of a copy of the order. No costs.

1 W.P.(MD)NO.21056 OF 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 13.03.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

AND

THE HON'BLE MR.JUSTICE B.PUGALENDHI

W.P.(MD)No.21056 of 2021

A.M.Sundaravel ... Petitioner

Vs.

The Principal Secretary, Revenue Department, State of Tamil Nadu, Chennai – 600 009.

The District Collector, Tirunelveli District, Tirunelveli.

The Tahsildar, Palayamkottai Taluk, Tirunelveli District.

The Village Administrative Officer, Munneerpallam Village, Palayamkottai Taluk, Tirunelveli District.

S.S.Kaja Sadhurutheen

(R-5 is impleaded vide order dated 13.03.2026 in W.M.P.(MD)No.18139 of 2021) ... Respondents

1/5

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

2 W.P.(MD)NO.21056 OF 2021

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 encroachments made in Munneerpallam Village Pond, Munneerpallam Village, Palayamkottai Taluk, Tirunelveli District within a stipulated period as framed by this Court.

For Petitioner : Mr.A.M.Sundaravel, Petitioner-in-Person.

For Respondents : Mr.S.Vinodh, Government Advocate.

O R D E R

Heard both sides.

The petitioner alleges that there are encroachments in

Munneerpallam Village pond in Palayamkottai Taluk.

When the matter was taken up for final hearing, it is

conceded that in a portion of pond, there are encroachments.

This writ petition is pending from the year 2021. The

2/5

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

3 W.P.(MD)NO.21056 OF 2021

respondents had not taken any action to remove these encroachments. The learned counsel for the impleaded respondent states that the impleaded respondent has not committed any encroachment in the water body. We make it clear that we have not gone into the merits of the matter. The authorities will issue notice to all the persons concerned and after ascertaining the true character of the land, action for removal of encroachment will be taken. We direct the authorities to ensure that all the encroachments in the petition-mentioned pond are cleared and the original position is restored. This exercise shall be concluded within a period of four months from the date of receipt of a copy of this order. This writ petition stands allowed. No costs.

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 13^th March 2026 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU

3/5

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

4 W.P.(MD)NO.21056 OF 2021

To:

The Principal Secretary, Revenue Department, State of Tamil Nadu, Chennai – 600 009.

The District Collector, Tirunelveli District, Tirunelveli.

The Tahsildar, Palayamkottai Taluk, Tirunelveli District.

The Village Administrative Officer, Munneerpallam Village, Palayamkottai Taluk, Tirunelveli District.

4/5

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

5 W.P.(MD)NO.21056 OF 2021

G.R.SWAMINATHAN, J.

AND

B.PUGALENDHI, J.

PMU

W.P.(MD)No.21056 of 2021

13.03.2026

5/5

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