Madras High Court
WP(MD)/28179/2026 of Hebsybai Vs The District Collector on 30 September 2026
WP(MD) No. 28179 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. 28179 of 2026
CNR:{HCMD011380552026}
and
WMP(MD)Nos.21407 & 21408 of 2026
Hebsybai W/o.S.Selvaraj (Late),
No.6/104-3, Mandharapuram Main Road,
Pothaiyadi Post, Kottaram, Kanyakumari District.
..Petitioner(s)
Vs
1. The District Collector,
Kanyakumari District, Nagercoil.
2. The Tahsildar, Agasteeswaram Taluk,
Tirunelveli District.
3. The Executive Engineer,
Water Resource Department,
Nagercoil, Kanyakumari District.
4. The Junior Engineer,
Water Resource Department,
Mayiladi, Kanyakumari 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 Certiorari, to call for the impugned order dated 12.09.2026
under
reference
Ka.No.Ko.11B/597/2026 as passed by the 4th Respondent and subsequently quash the same as illegal, erroneous as pass any other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.
WP(MD) No. 28179 of 2026
For Petitioner(s):
Mr.S.Palanivelayutham
For Respondent(s):
Mr.C.Jegannathan,
Special Government Pleader
Citations and Judicial Treatment
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ORDER
Heard both sides.
2. The writ petitioner had put up a bridge across a water channel. She had not however obtained any permission from the competent authority (R3 herein). Hence, the 4th respondent has issued the impugned communication informing the petitioner that the construction will be removed.
3. We grant three weeks time from the date of receipt of copy of this order to the petitioner to lodge a formal petition before the 3rd respondent seeking regularisation of the construction already put up by her. It is for the third respondent to take a call. The 3rd respondent is directed to consider the said application and pass an appropriate order. Till such an order is passed by the 3rd respondent, the impugned communication will not be enforced. In the event of the third respondent rejecting the petitioner’s request, breathing time of three weeks thereafter shall be given to the petitioner so that she can approach the appropriate court or forum for relief. It is made clear that we have not gone into the merits of the matter at all.
WP(MD) No. 28179 of 2026
4. This writ petition is disposed of accordinglty. No costs. Connected miscellaneous petitions are 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 District Collector, Kanyakumari District, Nagercoil.
2. The Tahsildar, Agasteeswaram Taluk, Tirunelveli District.
3. The Executive Engineer, Water Resource Department, Nagercoil, Kanyakumari District.
4. The Junior Engineer, Water Resource Department, Mayiladi, Kanyakumari District.
WP(MD) No. 28179 of 2026 G.R.SWAMINATHAN, J. AND B.PUGALENDHI, J. skm WP(MD) No. 28179 of 2026 30-09-2026