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S.Mahendran v. The District Collector/Monitoring Committee

Mandamus – encroachment on government pond

Madras HC8 Jan 2026WP(MD)/416/2026

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Case brief

AI extract

What is this about?

Pond encroachment removal; Writ of Mandamus under Article 226; survey direction to Tahsildar, Srirangam Taluk; Tamil Nadu Land Encroachment Act, 1905; local body waterbody in survey No.234/1, Kallikudi Village, Trichy District; representation dated 23.01.2024; notice to stakeholders including private encroachers; four-month compliance timeline; disposed of without costs; Madurai Bench of Madras High Court 2026.

What did the court decide?

Writ petition disposed of with directions: Tahsildar (second respondent) to conduct a survey after notice to all stakeholders including private respondents 4 and 5; if encroachments are found, action under the Tamil Nadu Land Encroachment Act, 1905 to remove them; entire exercise to be completed within four months; no costs. ¶37

S.Mahendran Vs The District Collector/Monitoring… — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether encroachments exist in the pond in survey No.234/1 (0.02.44.50 hectares), Kallikudi Village, Srirangam Taluk, Trichy District, allegedly made by private respondents 4 and 5, and whether respondents 1 to 3 must remove them. +1 more

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Court's answer

The second respondent (Tahsildar, Srirangam Taluk) is directed to conduct a survey of the pond, after issuing notice to all stakeholders including the private respondents 4 and 5.

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Ratio / Principle

Notice to private respondents 4 and 5 is dispensed with.

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Key takeaways

If the survey results indicate encroachments, appropriate action shall be taken under the Tamil Nadu Land Encroachment Act, 1905 for having the encroachments removed.ratio¶36-37
The entire exercise of survey and consequential action shall be completed within a period of four months from the date of receipt of a copy of the order.ratio¶37

Detailed headnote1 paragraphs

Mandamus - encroachment on government pond - Madras High Court (Madurai Bench), W.P.(MD)No.416 of 2026 (08.01.2026, G.R.Swaminathan and B.Pugale ndhi, JJ.). Petitioner, a resident of Paganur Village, alleged encroachments by private respondents Vimalraj and Thatheyus in the pond in survey No.234/1 (0.02.44.50 Ha), Kallikudi Village, Srirangam Taluk, Trichy District, controlled by the local body, and sought action on his representation dated 23.01.2024. The Court dispensed with notice to the private respondents and directed the Tahsildar, Srirangam Taluk to conduct a survey after notice to all stakeholders including the private respondents; if the survey indicates encroachments, appropriate action is to be taken under the Tamil Nadu Land Encroachment Act, 1905 for removal; the entire exercise to be completed within four months of receipt of a copy of the order. Writ petition disposed of, no costs.

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1 W.P.(MD)NO.416 OF 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 08.01.2026

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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.416 of 2026

S.Mahendran

... Petitioner

Vs.

The District Collector / Monitoring Committee, Trichy District, Trichy.

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The Tahsildar, Srirangam Taluk, Trichy District.

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The Block Development Officer, Manikandam Panchayat Union, Trichy District.

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Vimalraj

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Thatheyus ... Respondents

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Prayer: Writ petition filed under Article 226 of the Constitution of India, issuing a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the respondents 4 & 5 in the pond comprised in survey No.234/1 measuring to an extent of 0.02.44.50 Hectare situated at Kallikudi Village, Srirangam Taluk, Trichy District by considering the representation dated 23.01.2024.

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

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2 W.P.(MD)NO.416 OF 2026

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For Petitioner : Mr.T.Leninkumar

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For Respondents : Mr.M.Siddharthan, Additional Government Pleader.

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O R D E R

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Heard the learned counsel appearing for the writ petitioner

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and the learned Additional Government Pleader appearing for respondents 1 to 3.

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Issuance of notice to respondents 4 and 5 is dispensed with.

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The petitioner is a resident of Paganur Village. The petitioner

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alleges that in survey No.234/1, there are encroachments. It is

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admittedly a pond. This come under the control of the local body.

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The second respondent is directed to conduct survey. Before

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conducting survey, notices will be issued to all the stakeholders including the private respondents. If the survey results indicate that there are encroachments, appropriate action will be taken under the

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

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3 W.P.(MD)NO.416 OF 2026

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provisions of the Tamil Nadu Land Encroachment Act, 1905 for

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having the encroachments removed. The entire exercise will be completed within a period of four 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.) 08.01.2026

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NCC : Yes / No Index : Yes / No Internet : Yes/ No

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PMU

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To:

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