Madras High Court
WP(MD)/27592/2026 of E.Murugesan Vs State of Tamil Nadu 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. 27592 of 2026
{CNR: HCMD011360222026}
Case QR
E.Murugesan
... Petitioner
Vs.
1.State of Tamil Nadu
Public Works Department
Represented through its Secretary
Secretariat
Chennai 9 .
2.The Engineer-In-Chief
Office of the Engineer-In-Chief
Water Resources Department
Kamarajar Salai
Chepauk
Chennai 600 005
3.The District Collector/Monitoring Committee Office of District Collector
Thanjavur
4.The Chief Engineer
Public Works Department
Water Resources Department
Trichy
Trichy District
5.The Superintending Engineer
Public Works Department
Water Resources Department
Lower Cauvery Basin Circle
Santhapillai Gate
Thanjavur
6.The Tahsildar
Thanjavur Taluk
Thanjavur
Thanjavur District
7.The Village Administrative Officer
Office of Village Administrative Officer Pillaiyarpatti Revenue Village Thanjavur District.
... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the 3rd respondent to direct the respondents No.4
to 7 to remove the encroachment made in Lake namely Kulam Special Rettu Pillaiyar Kulam Engira Mariyamman Kovil Yeri Neerpidipu in Survey Nos.
159/1, 159/2 and 159/3 to an extent of about 20 Acres and the pond namely Pillaiyar Kulam Engira Mariyamman Kovil Yeri located in Survey No.161/1, 161/2, 161/3 to an extent of about 7 Acres in Pillaiyarpatti Revenue Village, Thanjavur Taluk, Thanjavur District and ensure adequate water resources to the entire village people and storage of water to enabling the recharge of Ground Water and meet out the feeding of waters for the Cattle, Animals and Birds etc and ensure the eco-system by considering the petitioner's representation dated 07.09.2026, within the period stipulated by this Court.
For Petitioner
:Mr.A.Haja Mohideen
For Respondents
: Mr.C.Jegadeesan
Special Government Pleader
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ORDER
Heard both sides.
2. The writ petitioner is a resident of Pillaiyarpatti in Thanjavur Taluk. He alleges that there are encroachments in the petition mentioned survey numbers and wants the same to be removed.
3. When the matter was taken up for hearing, the learned Special Government Pleader, on instructions, submitted that S.No.159/2, 159/3, 161/1 & 161/2A alone have been classified as water bodies. According to him, S.Nos.161/2B, 161/3 & 159/1 are the patta lands.
4. The learned counsel for the petitioner relied on certain entries to show that entire S.No.161/2 is a water body. But then, the record relied on by the petitioner's counsel dates back to the year 1924. It appears that during UDR, changes have taken place.
5. If the petitioner is aggrieved by the changes which were made during UDR, he has to necessarily approach the jurisdictional DRO. We grant him liberty to do so. As regards the survey numbers which are admittedly water bodies, it is the duty of the sixth respondent to ensure that there are no encroachment therein. If there are encroachments, the same shall be removed within a period of five months by adhering to the necessary statutory procedures. The Writ Petition is disposed of accordingly. No costs.
[G.R.S., J.] [B.P., J.] 24.09.2026 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To
1. Public Works Department Represented through its Secretary Secretariat Chennai 9 .
2. The Engineer-In-Chief Office of the Engineer-In-Chief Water Resources Department Kamarajar Salai Chepauk Chennai 600 005.
3. The District Collector/Monitoring Committee Office of District Collector Thanjavur District Thanjavur
4. The Chief Engineer Public Works Department Water Resources Department Trichy Trichy District
5. The Superintending Engineer Public Works Department Water Resources Department Lower Cauvery Basin Circle Santhapillai Gate Thanjavur
6. The Tahsildar Thanjavur Taluk Thanjavur Thanjavur District
7. The Village Administrative Officer Office of Village Administrative Officer Pillaiyarpatti Revenue Village Thanjavur District.
G.R.SWAMINATHAN, J and B.PUGALENDHI, J. rmi W.P(MD)No.27592 of 2026 24.09.2026