Madras High Court
WP(MD)/28157/2026 of Mahalingam Vs The Secretary to Government on 30 September 2026
WP(MD) No. 28157 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30-09-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MR JUSTICE B.PUGALENDHI
WP(MD) No. 28157 of 2026
CNR:{HCMD011392142026}
Mahalingam S/o.Chinnaiah,
No.7-2, S.S.Nagar,
Kudikadu, Kulathur Post,
Alapiranthan, Pudukkottai District
..Petitioner(s)
Vs.
1. The Secretary to Government
Public Works Department,
Secretariat, Chennai
2. The District Collector,
Pudukkottai District, Pudukkottai
3. The Tahsildar, Aranthangi Taluk,
Pudukkottai District
4. The Assistant Engineer
Public Works Department,
South Vellaru basin Division,
Aranthangi, Pudukkottai District.
..Respondent(s)
PRAYER: (Water Body) Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the 3rd respondent in his proceedings Na.Ka.No.8338/2022/Aa5 dated 12.10.2022 and quash the same as illegal, consequently directing the respondents No.1 to 4 to remove the encroachment in South Vellaru River
WP(MD) No. 28157 of 2026
situated in S.No. 217/1A with an extent of 2.61.50 Hectares at Alapiranthan Village, Aranthangi Taluk, Pudukottal District and pass such further or other orders as this court may deem fit and proper in the circumstances of this case and thus render justice.
For Petitioner(s):
Mr.B.Ramnath
For Respondent(s):
Ms.W.Pamelin,
Additional Government Pleader
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ORDER
Heard the learned counsel on either side.
2. The petitioner complains that in S.No.217/1A, Alapiranthan Village, Aranthangi Taluk, Pudukottai District, there are encroachments. He wanted the same to be removed. He filed WP(MD)No.21757 of 2022 in this regard. The writ petition was disposed of by this Court on 14.09.2022 in the following terms : “3.The learned Government Pleader appearing for the official respondents on instructions, submitted that the petitioner himself is an encroacher and that the property in question is nothing but a private patta land. He further submitted that if any encroachment is reported, the authorities would take appropriate action against the encroachers, including the petitioner, by following due process of law.”
WP(MD) No. 28157 of 2026
3. Pursuant to the aforesaid direction, enquiry was conducted and the petitioner’s request was rejected vide order dated 12.10.2022. Assailing the same, this writ petition came to be filed.
4. In the impugned order passed by the Tahsildar, Aranthangi, it has been stated that Survey No.217/1A is a patta land. The petitioner is unable to dislodge the said factual finding. In these circumstances, we are not inclined to interfere with the impugned order. This writ petition stands dismissed. No costs. Connected miscellaneous petition is closed. (G.R.S.,J.) (B.P.,J.) 30-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SKM To
1. The Secretary to Government Public Works Department, Secretariat, Chennai
2. The District Collector, Pudukkottai District,Pudukkottai
3. The Tahsildar, Aranthangi Taluk, Pudukkottai District.
4. The Assistant Engineer, Public Works Department, South Vellaru basin Division, Aranthangi, Pudukkottai District
WP(MD) No. 28157 of 2026 G.R.SWAMINATHAN, J. AND B.PUGALENDHI, J. skm WP(MD) No. 28157 of 2026 30-09-2026