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Moorthy v. The District collector

Madras HC26 Mar 2026WP(MD)/7996/2026

Case brief

AI extract

What is this about?

Amusement rides permission; Government poramboke land classified as water body; S.No.73 Thayamangalam Village, Ilayankudi Taluk, Sivagangai District; Arulmighu Muthumari Amman temple annual festival; Water Resource Department / Public Works Department, Lower Vaigai Basin Circle; NOC from local body; land utterly dry; thirty years' conduct; Article 226 writ of mandamus; permission for 29.03.2026 to 08.04.2026; writ allowed, no costs.

What did the court decide?

Writ of mandamus granted: competent authority, Water Resource Department, Lower Vaigai Basin Circle, Sivagangai directed to issue permission to the petitioner to install and operate amusement rides for the 2026 annual temple festival forthwith, subject to appropriate conditions; no costs. ¶47

Moorthy 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 can be directed by writ of mandamus to grant the petitioner permission to install and operate amusement rides and other entertainment things from 29.03.2026 to 08.04.2026 on Government poramboke land treated as a water body near Arulmigu Muthumari Amman temple, S.No.73, Thayamangalam Village. +1 more

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Court's answer

Since the petition-mentioned water body is utterly dry (as stated by the Additional Government Pleader on written instructions) and the petitioner has been conducting such amusement rides for the past thirty years, no prejudice will be caused by directing the concerned authorities of WRD (R2 to R4) to grant permission for this year also by stipulating appropriate conditions.

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Ratio / Principle

As the festival is to commence on 29.03.2026, the competent authority from the Water Resource Department, Lower Vaigai Basin Circle, Sivagangai is directed to issue permission to the petitioner forthwith.

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Detailed headnote1 paragraphs

Writ of Mandamus under Article 226 (W.P.(MD)No.7996 of 2026, Madurai Bench of Madras High Court, 26.03.2026, G.R. Swaminathan & B. Pugalendhi, JJ.) — Petitioner, who had installed and operated amusement rides for thirty years during the annual festival of Arulmighu Muthumari Amman temple, Thayamangalam, sought permission for 29.03.2026 to 08.04.2026 on Government poramboke land in S.No.73, classified in the revenue record as a water body; this year he was told to approach the Water Resource Department instead of the local body. On written instructions that the land is utterly dry, and given three decades of prior conduct, the Court held no prejudice would be caused in granting permission for this year subject to appropriate conditions, and directed the competent authority, WRD Lower Vaigai Basin Circle, Sivagangai, to issue permission forthwith. Writ petition allowed; no costs.

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1 W.P.(MD)NO.7996 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.7996 of 2026

Moorthy

... Petitioner

Vs.

The District Collector, Sivagangai District, Sivagangai.

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The Superintending Engineer, Public Works Department / Water Resource Department, Lower Vaigai Basin Circle, District Collectorate Campus, Sivagangai, Sivagangai District.

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The Executive Engineer, Public Works Department / Water Resource Department, Lower Vaigai Basin Circle, District Collectorate Campus, Sivagangai, Sivagangai District.

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The Assistant Executive Engineer, Public Works Department/ Water Resource Department,

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

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2 W.P.(MD)NO.7996 OF 2026

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Sarugani River Basin Sub Division, District Collectorate Campus, Sivagangai, Sivagangai District.

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The Assistant Executive Engineer, Public Works Department, Buildings(Construction and Maintenance), Sub Division III, Manamadurai, Sivagangai District.

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The District Officer, Fire and Rescue Department, District Collectorate Complex, Sivagangai, Sivagangai District.

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The Inspector of Police, Ilayankudi police station, Ilayankudi, Sivagangai District.

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The Special Officer / Block Development Officer, Ilayankudi Panchayat Union, Ilayankudi, Sivagangai District.

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The Special Officer/Block Development Officer, Thayamangalam Panchayat, Thayamangalam, Sivagangai District.

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The Returning Officer / Tahsildar, Manamadurai (Reserved) Constituency, Manamadurai, Sivagangai District. ... Respondents

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

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3 W.P.(MD)NO.7996 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 to grant permission to the petitioner to install and operate amusement rides and other entertainment things from 29.03.2026 to 08.04.2026 in Government poramboke land, which is treated as water body and situated near Arulmigu Muthumari Amman temple, in S.No.73, Thayamangalam Village, Ilayankudi Taluk, Sivagangai District as narrated in the petitioner's representations dated 02.03.2026 and 16.03.2026 within a time frame as fixed by this Court.

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For Petitioner : Mr.P.Santhana Krishnan

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For Respondents : Mr.G.V.Vairam Santhosh, Additional Government Pleader for R-1 to R-6, R-9 & R-10.

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Mr.K.Gnanasekaran, Government Advocate for R-7.

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Mr.S.Vinodh, Government Advocate for R-8.

O R D E R

Heard both sides.

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

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4 W.P.(MD)NO.7996 OF 2026

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The petitioner has been installing and operating amusement rides in the petition mentioned land in connection with the annual temple festival of Arulmighu Muthumari Amman temple, Thayamangalam Village, Ilayankudi. The petitioner used to obtain NOC from the local body all these years. But this year, the petitioner has been directed to approach the Water Resource Department since as per the revenue record, survey No.73 Thayamangalam Village has been classified as a water body.

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We posed a specific question to the learned Additional Government Pleader to ascertain the water level in the petition mentioned water body. It is stated by the learned Additional Government Pleader on written instructions from the officials concerned that the land is utterly dry. Since the petitioner has been conducting such amusement rides for the past thirty years, no prejudice will be caused by directing the concerned authorities of WRD(R2 to R4) to grant permission for this year also by stipulating appropriate conditions.

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Since the festival is to commence on 29.03.2026, we direct

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

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5 W.P.(MD)NO.7996 OF 2026

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the competent authority from the Water Resource Department,

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Lower Vaigai Basin Circle, Sivagangai to issue permission to the petitioner in this regard forthwith. This writ petition stands allowed accordingly. No costs.

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(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 26.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No

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PMU

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Note : Issue order copy on 26.03.2026.

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To:

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The District Collector, Sivagangai District, Sivagangai.

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The Superintending Engineer, Public Works Department / Water Resource Department, Lower Vaigai Basin Circle, District Collectorate Campus, Sivagangai, Sivagangai District.

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The Executive Engineer, Public Works Department / Water Resource Department, Lower Vaigai Basin Circle, District Collectorate Campus,

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

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6 W.P.(MD)NO.7996 OF 2026

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Sivagangai, Sivagangai District.

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The Assistant Executive Engineer, Public Works Department/ Water Resource Department, Sarugani River Basin Sub Division, District Collectorate Campus, Sivagangai, Sivagangai District.

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The Assistant Executive Engineer, Public Works Department, Buildings(Construction and Maintenance), Sub Division III, Manamadurai, Sivagangai District.

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