A resident sought mandamus to remove encroachments from an oorani (water body) in Kesavanur Village. Noting an earlier writ and unimplemented eviction orders under Section 6 of the Land Encroachment Act, the Court directed the Tahsildar to remove all encroachments by 12.06.2026 and allowed the petition.
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W.P(MD)No.5420 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.02.2026
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.5420 of 2026
Selvaraj
... Petitioner
Vs.
... Respondents
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W.P(MD)No.5420 of 2026
Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the first respondent to remove the encroachments in the “Kudineer Sadhura Kinaru Kodumpalur Chathiram Oorani”, water body extended over 1 Hectare and 39 ares in S.No.40 at Kesavanur Village, Kodumpalur Chathiram, Viralimalai Taluk, Pudukkottai District as ordered in Na.Ka.No.915-2/2018/E1, dated 01.12.2020, passed by the first respondent.
For Petitioner : Ms.M.Kamalini For Respondents : Mr.S.Vinodh Government Advocate for R.1 to R.4
Mr.G.V.Vairam Santhosh Additional Government Pleader for R.5
ORDER
Heard both sides.
2.The petitioner is a resident of Kodumpalur Chathiram. He had earlier filed W.P(MD)No.21787 of 2017 for removing the encroachments in the petition mentioned water body comprised in Survey No.40. The said writ petition was disposed of as early as on 27.11.2017. Even though an elaborate order was passed by this Court and the authorities also issued eviction orders, there has been no follow-up action. The order passed under Section 6 of the Land Encroachment Act, 1905 appears to have remained a dead letter.
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W.P(MD)No.5420 of 2026
3.It appears that the encroachers have not filed any appeal before the
appellate authority. Therefore, the question of issuing any fresh notice does not arise at all.
4.We direct the fourth respondent to remove all the encroachments in
the petition mentioned water body on or before 12.06.2026 .
5.Recording the same, this Writ Petition stands allowed. No costs.
[G.R.S., J.] [B.P., J.] 26.02.2026
NCC : Yes / No Internet : Yes / No Index : Yes / No MGA
To
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W.P(MD)No.5420 of 2026
G.R.SWAMINATHAN, J
and
B.PUGALENDHI, J.
MGA
W.P(MD)No.5420 of 2026
26.02.2026
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1 issue framed by the court
Whether the authorities could be directed to remove encroachments on the Kudineer Sadhura Kinaru Kodumpalur Chathiram Oorani water body despite a prior eviction order not being implemented.
2 provisions across 2 enactments
Selvaraj
The District Collector, Pudukkottai District
The District Revenue Officer, Pudukkottai District
The Revenue Divisional Officer, Illuppur
The Tahsildar, Viralimalai Taluk
The Block Development Officer, Viralimalai
G.R.Swaminathan
B.Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
