Madras High Court
WP(MD)/27057/2026 of S.Arumugam Vs The District Collector on 24 September 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.09.2026
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD) NO. 27057 of 2026
{CNR: HCMD011326852026}
Case QR
S.Arumugam
... Petitioner
Vs.
1.The District Collector
Office of the District Collector
Sivagangai.
2.The District Revenue Officer
Sivagangai District
Sivagangai.
3.The Revenue Divisional Officer
Devakottai Circle
Devakottai.
Sivagangai District.
4.The Tahsildar
Tirupathur Taluk
Tirupathur
Sivagangai District.
5.The Assistant Engineer
Public Works Department
Tirupathur.
Sivagangai District.
6.Vairathal
... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of MANDAMUS directing the Respondents 1 to 5 herein to remove the encroachments made by the 6th respondent in the catchment area of the Kanmoi/Watertank namely Vanjinipatti Kanmoi situated at S.No. 560, Athikadu Village, AthiKadu-Thekkur Revenue Village, Tirupathur Taluk, Sivagangai District by considering the petitioners representation dated 09.06.2025 and 17.06.2025 in accordance with law and within the time stipulated by this Court.
For Petitioner
:Mr.P.Mahendran
For Respondents
: Mrs.K.R.Shivashankari
Additional Government Pleader
for R1 to R5
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ORDER
Heard the learned counsel for the writ petitioner and the learned Additional Government Pleader for R1 to R5. Issuance of notice to R6 is dispensed with.
2. The writ petitioner is a resident of Athikadu. He alleges that in the petition mentioned survey number, there are encroachments.
3. The learned Additional Government Pleader states that there are no encroachments as such. But only some agricultural operations are carried out on seasonal basis.
4. We cannot approve this stand. Even agricultural operations cannot be permitted in water bodies. If the agricultural activities are permitted, the water bodies would slowly lose their character altogether. Therefore, it is the duty of the authorities to ensure that no kind of encroachment including agricultural activities are carried out in water bodies.
5. It is stated that the water bodies vest with the fifth respondent. The Public Works Department has now been bifurcated. The water bodies are now in charge of Water Resources Department.
6. We direct the competent authority of WRD/R5 to adopt the procedure laid down in Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 and ensure that there are no encroachments. It is needless to mention that notice will have to be given to the encroachers concerned before taking action by the fifth respondent. It is also seen that the fourth respondent has already directed the Revenue Inspector concerned to carry out survey. Survey has been conducted. But Form I notice is yet to be issued. We direct the fourth respondent to issue Form I. It shall be sent to the fifth respondent. The fifth respondent shall take action thereafter. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order.
7. The Writ Petition is disposed of. No costs.
[G.R.S., J.] [B.P., J.] 24.09.2026 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To
1. The District Collector Office of the District Collector Sivagangai.
2. The District Revenue Officer Sivagangai District Sivagangai.
3. The Revenue Divisional Officer Devakottai Circle Devakottai. Sivagangai District.
4. The Tahsildar Tirupathur Taluk Tirupathur Sivagangai District.
5. The Assistant Engineer Public Works Department Tirupathur. Sivagangai District.
G.R.SWAMINATHAN, J and B.PUGALENDHI, J. rmi W.P(MD)No.27057 of 2026 24.09.2026