Disposed¶40

O.Homerlal v. The District Collector

Madras HC2 Jul 2026WP(MD)/26634/2019

Case brief

AI extract

What is this about?

Madras High Court, Madurai Bench, 02-07-2026; WP(MD) No. 26634 of 2019; Article 226 writ on removal of encroachments on banks of Pazhayar river, Nagercoil, Kanyakumari District; representation dated 13.11.2019; Executive Engineer, PWD directed to clear petition-mentioned encroachments within four months; extension of time barred; disposed of without costs; bench: G.R.Swaminathan and B.Pugalendhi, JJ.

What did the court decide?

Direction to the second respondent to liaise with concerned officials and ensure clearance of the petition-mentioned encroachments within a maximum of four months from receipt of the order, with no extension permitted; writ petition disposed of without costs. ¶40

O.Homerlal 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 the respondents are required to remove the encroachments made on the banks of the Pazhayar river identified in the petitioner's representation dated 13.11.2019.

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Court's answer

The second respondent (Executive Engineer, Public Works Department) is directed to liaise with the concerned officials and ensure that the petition-mentioned encroachments, if any, on the banks of the Pazhayar river are cleared.

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Ratio / Principle

A maximum of four months from receipt of the copy of the order is granted for removal of the encroachments, and any prayer for extension of time will not be accepted.

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Key takeaways

The Bench observed that although the petitioner had localized the encroachments and made the encroachers parties, no action had been taken for the last seven years.obiter¶39

Detailed headnote1 paragraphs

WP(MD) No. 26634 of 2019 - O.Homerlal v. The District Collector, Nagercoil and others (Madurai Bench of Madras High Court; G.R.Swaminathan and B.Pugalendhi, JJ.; decided 02-07-2026). Writ petition filed in 2019 under Article 226 of the Constitution to direct the respondents to remove encroachments on the banks of the Pazhayar river, acting on the petitioner's representation dated 13.11.2019, which localized the encroachments and made the encroachers (Respondents 5-13) parties. Noting that no action had been taken for seven years, the Bench directed the Executive Engineer, Public Works Department (second respondent) to liaise with the concerned officials and ensure the petition-mentioned encroachments were cleared within a maximum of four months from receipt of the order, declaring that no extension of time would be accepted. Petition disposed of; no costs.

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WP(MD) No. 26634 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 02-07-2026

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CORAM

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THE HON'BLE 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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WP(MD) No. 26634 of 2019

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O.Homerlal

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S/o.Oliver, 2-154, Nedumpara Garden Road, Vellicode, Mulagumoodu Post, Kanyakumari Dist

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..Petitioner(s)

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The District Collector Nagercoil, Kanyakumari District.

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The Executive Engineer, Public Works Department, Nagercoil, Kanyakumari District.

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The Commissioner, Nagercoil Municipality, Nagercoil, Kanyakumari District

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The Revenue Divisional Officer, Nagercoil, Kanyakumari District

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Nanjil Murugesan S/o.Anbaiya Nadar, Sakthi Garden, Putheri Post, Kanyakumari District

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Devika

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W/o.Nanjil Murugesan, Sakthi Garden, Putheri Post, Kanyakumari District

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Ayyavo S/o.Chellam Nadar, 6/12 Kunjanvilai, Manikettipottal Anjal, Kanyakumari District

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__________ Page1 of 5

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

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WP(MD) No. 26634 of 2019

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8. Aniserin

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W/o.Mariadasan, Putheripost, Kanyakumari District

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Nirmala W/o.Jamesrajan, Putheri Post, Kanyakumari District

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10.Ramakrishnan W/o.Palaniyandi, Putheri Post, Kanyakumari District

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11.Sivaswami S/o.Kollappa Pillai, Putheri Post, Kanyakumari District

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12.Narayanakannan S/o.Suyampu, Putheri Post, Kanyakumari District

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13.Jenkins Kirubakar, S/o.Thangamani, Puthugramam, Nagercoil, Kanyakumari District

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...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India to direct the respondents to remove the encroachments made in the banks of pazhayar river by considering the representation of the petitioner dated 13.11.2019.

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For Petitioner(s): M/s.S.C.Herold Singh For Respondent(s): Mr.P.Rajagopalan, Government Advocate for R1 to R4 Mr.K.P.Narayana Kumar for R5 And R6

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No appearance for R7 to R13

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__________ Page2 of 5

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

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WP(MD) No. 26634 of 2019

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ORDER

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This writ petition was filed way back in the year 2019. The petitioner wants the encroachments made on the banks of Pazhayar river to be removed. In fact, the petitioner has not sought any sweeping relief. In his representation dated 13.11.2019, he has localized the encroachments. He has also made the encroachers as parties. We fail to understand as to why for the last seven years, no action has been taken. We direct the second respondent to liaison with the concerned officials and ensure that the petition mentioned encroachments, if any, are cleared. We grant them a maximum of four months time from the date of receipt of copy of this order to remove the encroachments and we make it clear that any prayer for extension of time will not be accepted.

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2.This writ petition is disposed of accordingly. No costs.

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

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02-07-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SKM

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__________ Page3 of 5

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