In this withdrawal order, the applicant voluntarily withdrew the application regarding alleged encroachment and pollution by a brick kiln, rendering no fresh direction necessary for disposal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Item No.09:
BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI
Friday, the 07th day of November 2025.
[Through Physical Hearing (Hybrid Option)]
Original Application No.68 of 2025(SZ)
IN THE MATTER OF:
R. Manikandan,
S/o Ramar Pandian, Muppudathi Amman Kovil Street, Dharugapuram, Sivagiri taluk, Tenkasi — 627755.
...Applicant(s)
Versus
4) Public Works Department, Represented by its Secretary to Government, PWD Office, 27, Water Tank Road, Palayamkottai, Tirunelveli — 627002.
Tamil Nadu Electricity Board, Maharaja Nagar, Tirunelveli — 627011.
Proprietor of S.T Bricks, S/o Thangapazham, No. 30, Puthumanthai, 2nd Street, Vasudevanallur, Sivagiri Taluk, Tenkasi District — 627758.
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8) Mrs. T Vadivu, D/o Thangapazham, No. 30, Puthumanthai, 2nd Street, Vasudevanallur, Sivagiri Taluk, Tenkasi Dt — 627758.
...Respondent(s)
For Applicant(s): Ms. K. Niranjana Devi represented M/s. P.J. Rishikesh, P.J. Sri Ganesh, S. Senthilkumar, P.Elakkiya & S.P.S Nithyan.
For Respondent(s): Dr. D. Shanmuganathan for R1, R3, R4 & R5. Mr. S. Sai Sathya Jith for R2. Mr. S.T. Raja for R6. Mr. Abdul Saleem, Sr. Adv. a/w. Mr. S. Saravanan, Mr. E. Karthikeyan.
CORAM :
HON’BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON’BLE Dr. PRASHANT GARGAVA, EXPERT MEMBER
JUDGMENT
1. This is an Original Application filed seeking a direction to the respondents’ authorities to initiate appropriate legal action against Respondents No.7 and 8, who are running a brick kiln by encroaching the water body situated in Survey No.1381 of Sivagiri Taluk, Tenkasi District.
2. When the matter came up for hearing today, the learned counsel appearing for the applicant wants to withdraw the Original Application.
3. However, upon scrutiny, it is brought to our knowledge that already the very same applicant has moved a Writ Petition before the Hon’ble High Court of Madras, seeking a
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similar direction to remove the encroachments in Survey No.1381 in Naranapuram, Sivagiri Taluk. It is pointed out that the said Writ Petition is filed subsequent to the filing of the Original Application before this Tribunal.
4. Be that as it may, the learned counsel appearing for the private respondents would invite our attention to the endorsement made by the Tahsildar, Sivagiri, wherein it is clearly stated that upon receipt of a complaint from the applicant herein, it was found that there was a compound wall to an extent of 0.03.80Sq. Meters for about 91meters in length which was encroached by the private respondents herein.
5. During the land survey, the private respondents themselves have agreed to the same and removed the compound wall, which was the alleged encroachment.
6. Even before the Hon’ble High Court, the Water Resources Department (WRD) has filed its counter, in which, the Executive Engineer, WRD, has stated that the land in Survey No.1381 is the property of the WRD, which is classified as ‘river poramboke’ and there is also a cart track, which was in existence, is now taken over by the Highways Department and the road has been laid on the bank of the river for public access.
7. Therefore, the primordial allegation of the applicant that there was an encroachment by polluting the environment by the private respondents is not available for consideration today.
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However, having opted to withdraw the application, the same [O.A. No.68 of 2025(SZ)] is dismissed as withdrawn.
Sd/Smt. Justice Pushpa Sathyanarayana, JM
Sd/Dr. Prashant Gargava, EM
O.A. No.68/2025(SZ) 07th November, 2025.AD.
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R. Manikandan
District Collector
Tamil Nadu Pollution Control Board
Department of Geology and Mining
Public Works Department
Principal Chief Conservator of Forest
Pushpa Sathyanarayana
Prashant Gargava
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
