Vellaichamy v. The District Collector

Madras HC26 Mar 2026WP(MD)/7780/2026

Case brief

AI extract

What is this about?

Madras High Court, Madurai Bench; W.P.(MD)No.7780 of 2026; Article 226 mandamus; nilaviyal odai feeder channel; survey No.34/7 Thenniravayal Village; Thenniravayal Kanmai; encroachment and obliteration of water channel; FMB detail marks on patta land; permission to realign channel course through jurisdictional authority; channel dimensions to be maintained; Devakottai Taluk, Sivagangai District; petition disposed, no costs; connected W.M.P.(MD)No.6358 of 2026 closed.

What did the court decide?

Writ petition disposed of without mandamus; sixth respondent permitted to approach the jurisdictional authority for realigning the course of the nilaviyal odai if it runs through the middle of his land, subject to maintaining the channel's dimensions; no costs; connected miscellaneous petition (W.M.P.(MD)No.6358 of 2026) closed. ¶¶37

Vellaichamy 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 respondents 1 to 5 should be directed by mandamus to protect and restore the feeder channel (nilaviyal odai) through survey No.34/7 of Thenniravayal Village so as to ensure the free and unobstructed flow of water to Thenniravayal Kanmai, conduct survey and demarcation, and remove encroachments. +1 more

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Ratio / Principle

The sixth respondent is granted permission to approach the jurisdictional authority for realigning the course of the nilaviyal odai if it runs through the middle of his land.

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Key takeaways

While the course of the nilaviyal odai may be altered, its dimensions have to be maintained as such.ratio¶¶37

Detailed headnote1 paragraphs

Writ petition under Article 226 seeking a Writ of Mandamus to protect and restore a nilaviyal odai (feeder channel) running through survey No.34/7 of Thenniravayal Village, Devakottai Taluk, Sivagangai District, allegedly obliterated by the sixth respondent, and to ensure the free and unobstructed flow of water to Thenniravayal Kanmai, with survey, demarcation and removal of encroachments. The learned Special Government Pleader stated that though the land in question is patta land, detail marks in the FMB indicate that the nilaviyal odai runs across the said patta land. The Division Bench disposed of the petition, granting the sixth respondent permission to approach the jurisdictional authority for realigning the course of the channel if it runs through the middle of his land, while directing that in any event, though the course may be altered, the dimensions of the channel must be maintained. No costs; connected miscellaneous petition closed.

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1 W.P.(MD)NO.7780 OF 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 26.03.2026

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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.7780 of 2026 AND W.M.P.(MD)No.6358 of 2026

Vellaichamy

... Petitioner

Vs.

The District Collector, Sivagangai District, Sivagangai.

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The Sub Collector /Revenue Divisional Officer, Devakottai,

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Sivagangai District.

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The Tahsildar, Devakottai Taluk, Sivagangai District.

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The Executive Engineer, PWD(Water Resources Organisation), Sivagangai.

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The Inspector of Police, Devakottai Taluk police station, Sivagangai District.

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Rajendran

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... Respondents

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1/5

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

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2 W.P.(MD)NO.7780 OF 2026

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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 5 to protect and restore the feeder channel so as to ensure the free and unobstructed flow of water to Thenniravayal Kanmai situated in Thenniravayal Village, Udappanpatti, Devakottai Taluk, Sivagangai District and to conduct a proper survey and demarcation of the said water channel passing through survey No.34/7 of Thenniravayal Village, Devakottai Taluk, Sivagangai District and to remove all encroachments and ensure that the said water channel is kept free from obstruction and consequently pass such further or other orders as this Court may deem fit.

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For Petitioner : Mr.S.Balamurugan

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For Respondents : Mr.C.Venkatesh Kumar, Special Government Pleader for R-1 to R-5.

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Mr.K.Rajeshwaran for R-6.

O R D E R

Heard both sides.

The petitioner is a resident of Udappanpatti Village. He

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alleges that the nilaviyal odai that runs through survey No.34/7 of

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2/5

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

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3 W.P.(MD)NO.7780 OF 2026

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Thenniravayal Village has been obliterated by the sixth respondent herein. He wants the original position to be restored.

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The learned Special Government Pleader appearing for the authorities states that though the land in question is a patta land, detail marks shown in the FMB indicate that the nilaviyal odai runs across the said patta land.

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The learned counsel appearing for the sixth respondent states that if the nilaviyal odai runs on the margin of his land, he would maintain it as such. If it runs through the middle of his land, he seeks permission to approach the jurisdictional authority for realigning the course of the channel. Such permission is granted. In any event, while the course of the nilaviyal odai may be altered, its dimensions have to be maintained as such. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

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(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 26.03.2026

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

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3/5

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

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4 W.P.(MD)NO.7780 OF 2026

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PMU

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To:

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The District Collector, Sivagangai District, Sivagangai.

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The Sub Collector /Revenue Divisional Officer, Devakottai, Sivagangai District.

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The Tahsildar, Devakottai Taluk, Sivagangai District.

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The Executive Engineer, PWD(Water Resources Organisation), Sivagangai.

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The Inspector of Police, Devakottai Taluk police station, Sivagangai District.

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4/5

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

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5 W.P.(MD)NO.7780 OF 2026

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G.R.SWAMINATHAN,J.

AND

B.PUGALENDHI, J.

PMU

W.P.(MD)No.7780 of 2026

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26.03.2026

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5/5

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

Vellaichamy v. The District Collector

Case brief

What is this about?

What did the court decide?

Vellaichamy v. The District Collector

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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