WP/41700/2026 of Gandhimathy Vs THE DISTRICT COLLECTOR on 12 October 2026

Order

(Order of the Court was made by S.M.Subramaniam J.) This writ of Mandamus has been instituted to direct the respondents 3 and 4 to survey and demarcate the boundaries of the petitioners private patta lands pursuant to Application No.2026/ 0123/10/ 002111 dated 21.07.2026 and further restrain the Respondents 1 to 5 from all further proceedings in Pursuance to the Form II, and III dated 07.09.2026 till the completion of the survey of the petitioners private patta lands pursuant to Application No.2026/ 0123 /10/002111 dated 21.07.2026.

2. The writ petitioner herein earlier filed three writ petitions and the present writ petition is the fourth line of litigation. By seeking a simple relief, the petitioner is making an attempt to prolong and protract the enforcement

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actions initiated by the competent authorities to remove the encroachments from the water body. The present writ petition has been filed as if the authorities have not conducted the survey of the land and without the survey, the petitioner cannot be evicted. But, the fact remains that the petitioner earlier filed three writ petitions.

3. The learned Government Pleader based on the instructions would submit that the petitioner Smt.Gandhimathy submitted an online application in Application No.2026/0123/10/002111 dated 21.07.2026 requesting the measurement of the boundaries of the lands covered by Patta Survey Nos.407/1D, 3A and 408/3A in Chennampatti Village. The writ petitioner’s request for a boundary survey was rejected because the eastern boundaries of Survey Nos.407/1D, 3A and 408/3A in Chennampatti Village, the lands in question had already been surveyed and demarcated in accordance with the judgments of the this Court in W.P.Nos.1926 of 2025 and 13780 of 2025 and also the petitioner’s lands are held under joint patta (Patta Nos.905 and 1342).

4. The above written instructions given by the Tahsildar would show that the survey has already been conducted and encroachments in the water body are identified. At the time of the enforcement action for removal of encroachment, the present writ petition is filed.

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5. The first writ petition was filed by 16 writ petitioners in W.P.No.13780 of 2025. This Court passed an order on 25.07.2025 relying on the judgment of the Full Bench of this Court in the case of T.K.Shanmugam -vs- State of Tamil Nadu and Others (2015) 5 MAD LW 397. This Court directed the authorities to conduct survey and remove encroachments from the water body. The said writ petition is posted 'for reporting compliance' on 14.10.2026.

6. Thereafter, the writ petitioner herein Smt.Gandhimathy filed W.P.No.45393 of 2025 challenging the show cause notice dated 08.10.2025 issued by the Executive Engineer, Water Resources Department. This Court passed final orders on 03.12.2025 directing the authorities to conduct survey and the petitioner was given an opportunity to submit her explanation along with the documents and on receipt of such explanation, the authorities were directed to take a final decision and remove the encroachments from the water body.

7. Pertinently, the first writ petition was filed by 16 individuals for removal of encroachment from the water body and the second writ petition was filed by the petitioner challenging the show cause notice. A third writ petition was filed by the writ petitioner in W.P.No.30181 of 2026 again

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challenging another show cause notice issued by the competent authority. A direction was sought for to appoint a surveyor to measure the land. The said writ petition was disposed of by this Court on 05.08.2026 permitting the petitioner to participate in the survey process.

8. The fourth writ petition was filed by the writ petitioner herself in W.P.No.36562 of 2026 for a direction to conduct survey and demarcate the boundaries of the petitioner's patta land. The said writ petition was also disposed of by this Court on 10.09.2026. This Court recorded the earlier directions issued by this Court to identify the encroachers and file a report before this Court.

9. Learned Government Pleader at that point of time informed the Court that notice under the relevant provisions of the Statutes were issued to the encroachers and all further enforcement actions will be completed. Though on earlier occasion, the petitioner has asked similar relief to conduct the survey, once again she submitted an application on 21.07.2026 to conduct a survey.

10. The very action of the writ petitioner would show that an attempt has been made to prolong and protract the eviction proceedings despite the fact

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that several opportunities were afforded to defend her case and the procedure as contemplated under the Statutes and Rules were followed by the competent authorities of the water resources department.

11. Through multiplicity of writ proceedings, the writ petitioner has made an attempt to achieve her goal in an indirect manner, which, at no circumstances, be encouraged by this Court. If at all the petitioner claims any title / ownership, she has to approach the competent civil Court of law. This position has been reiterated by this Court on earlier occasions in four orders passed in four different writ petitions. After issuance of show cause notice and dismissal of those writ petitions, again filing the present writ petition seeking to conduct the survey is nothing but abuse the process of Court proceedings.

12. Thus, this court is of the considered view that the present writ petition is not only vexatious, but failed with an intention to protract the enforcement actions already instituted by the competent authorities.

13. Despite the orders of the Division Bench of this Court passed on 27.01.2025 for removal of encroachment from the water body, enforcement actions are initiated after a lapse of more than 1 ½ years. Therefore, the

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authorities of the Water Resources Department has committed a lapse amounting to dereliction of duty and negligence in not implementing the orders of this Court and failing to protect the water body. Therefore, the Chief Engineer, Water Resources Department is directed to conduct an enquiry if any lapse / dereliction of duty / negligence has been committed in the initiation of enforcement actions towards removal of encroachment from the water body and if so, those officials are to be held responsible and suitable actions are to be initiated against them.

14. With the above observations, the present writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed. (S.M.S.,J.) (R.R.V.,J.) 12-10-2026 Index: Yes Speaking order Neutral Citation: Yes/No KST

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To

1. The District Collector Erode District .

2. The Revenue Divisional Officer (RDO) Gobichettipalayam, Erode District.

3. The Tahsildar Anthiyur Taluk, Erode District.

4. The Land Surveyor Anthiyur , Erode .

5. The Assistant Engineer (PWD) Water Resources Department, Ammapettai,

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S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. KST WP No. 41700 of 2026 AND WMP NO. 46793 OF 2026 12-10-2026