Madras High Court

WP/41029/2026 of Kaliyannan Vs THE DISTRICT COLLECTOR on 9 October 2026

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WP No. 41029 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-10-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN

WP No. 41029 of 2026

CNR:{HCMA012285852026}

Kaliyannan

S/o. Ramasamy Gounder,

Malligapadi Kattukottai,

Malligapadi post, Chinnasalem Taluk,

Kallakurichi district

..Petitioner

Vs

1. The District Collector

District collector office,

Kallakurichi,

Kallakurichi district 606 202.

2. The Revenue Divisional officer

Office of The Revenue Divisional officer,

3. The Tahsildar

Taluk office, Chinnasalem,

chinnasalem Taluk,

Kallakurichi district 606 201

4. The District Revenue officer

Office of The District Revenue officer,

Kallakurichi, Kallakurichi district 606 213

5. Kannusami

WP No. 41029 of 2026

6. The Assistant Engineer

Water Resources Department

Komugi Dam Section, Vadakkananthal

Kallakurichi District.

(R6 suo-motu impleaded by SMSJ & RRVJ

vide order dated 09.10.2026)

..Respondents

Prayer ; Writ petition under Article 226 of the Constitution of india praying for a Writ of mandamus directing respondent Nos 1 to 4 to consider the petitioners representation dated 15.05.2024 and after conducting necessary survey , inspection and enquiry in accordance with law, remove the encroachment and obliteration caused by respondent No.5 in the odai situated in Survey No.

160/1 adjoining petitioner land in Survey No. 161/3A2 at Malligapadi Village, chinnasalem Taluk, Kallakurichi district and consequently restore the said odai to its original condition so as to enable free flow of water.

For Petitioner(s):

Ms.P.Gowri

For Respondent(s):

Mr.K.Surender

Special Government Pleader – for R1 to R4 & R6

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Order

(Order of the Court was made by S.M.Subramaniam J.) In the context of the relief sought for in the present writ petition, the learned Special Government Pleader appearing for the respondents, based on the written instructions given by the Revenue Tahsildar, Chinna Salem dated 09.10.2026, would submit that actions have already been initiated for removal of encroachment in the water body. During inspection, the revenue

WP No. 41029 of 2026

authorities identified encroachments and submitted a report to the Assistant Engineer, Water Resources Department for initiation of enforcement actions for removal of encroachments in the water body.

2. Since it is encroachment in the water body, the Assistant Engineer, Water Resources Department, Komugi Dam Section, Vadakkananthal, Kallakurichi District is suo-motu impleaded as party respondent in the present writ petition. Registry is directed to carry out necessary amendment in the cause title.

3. In view the facts and circumstances, the respondents along with the competent authority viz., the WRD are directed to proceed with the enforcement action as contemplated under law and by affording opportunity to the encroachers and remove the encroachments identified in the water body. The entire exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. With the above direction, the writ petition stands disposed of. No costs. (S.M.S.,J.) (R.R.V.,J.) 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST

WP No. 41029 of 2026

To

1. The District Collector District collector office, Kallakurichi, Kallakurichi district 606 202.

2. The Revenue Divisional officer Office of The Revenue Divisional officer, Kallakurichi . Kallakurichi district 606 213

3. The Tahsildar Taluk office, Chinnasalem, chinnasalem Taluk, Kallakurichi district 606 201

4. The District Revenue officer Office of The District Revenue officer, Kallakurichi , Kallakurichi district 606 213

5. The Assistant Engineer Water Resources Department Komugi Dam Section Vadakkananthal Kallakurichi District.

WP No. 41029 of 2026

S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. KST WP No. 41029 of 2026 09-10-2026

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