Madras High Court
WP(MD)/27692/2026 of S.Pandiyaraja 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. 27692 of 2026
{CNR: HCMD011360162026}
Case QR
S.Pandiyaraja
... Petitioner
Vs.
1.The District collector,
Theni District.
2.The Executive Engineer
Public Works Department (PWD)
Periyar Vaigai Basin Circle Water Resources Department Theni Division Theni District.
3.The Assistant Director
Rural Development and Panchayat Raj Department Theni District.
4.The Assistant Director
District Land Survey
Theni District.
5.The Revenue Divisional Officer
Andipatti Division
Theni District.
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W.P.(MD)No.27692 of 2026
6.The Block Development Office (BDO)
Andipatti Panchayat Union
Theni District.
7.The Tahsildar
Andipatti Taluk
Theni District.
8.The Head Surveyor
Andipatti Taluk
Theni District.
9.M. Pichaikallai
10.Nagaraj
11.Kasiraj
12.A. Perumal
13.S. Mummorthy
... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus thereby direct the respondents 1 to 8 to conduct the survey inspection and remove the encroachments made by the 9th to 11th respondents and others in S.F. Nos. 437/1, 489/1, 489/3, 490/4, 492/3, 493/1 and 495/1
classified as Water Channel (Government Land) total extents of 5 acres situated in Timmarasanayakkanur Bit -1 Village, Andipatti Taluk, Theni District in accordance with Settlement Land Register (SLR) to Updating Registry Scheme (UDR) at once.
For Petitioner
:Mr.M.Laxmi Mahendra
For Respondents
: Mrs.K.R.Shivashankari
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W.P.(MD)No.27692 of 2026
Additional Government Pleader
for R1 to R5, R7 & R8
: Mr.Selva Adithya
Government Advocate
for R6
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ORDER
Heard the learned counsel for the petitioner and the learned Additional Government Pleader for R1 to R5, R7 & R8 and the learned Government Advocate for R6. Issuance of notice to R9 to R13 is dispensed with.
2. The writ petitioner is a resident of Timmarasanayakkanur village. He alleges that in the petition mentioned survey number, there are encroachments. He wants the same to be removed.
3. When the matter was taken up for hearing, the learned Additional Government Pleader clarifies that survey was undertaken in respect of 5 out of 7 and that no encroachments were noticed. It is however admitted that survey has to be undertaken in respect of S.No.489/3 and S.No.492/3.
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W.P.(MD)No.27692 of 2026
4. We direct the 7th respondent to issue notice to the concerned parties and conduct survey. Based on the outcome of the survey, Form 1 notice will be issued. The second respondent is directed to take further action under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act. The entire exercise shall be completed within a period of five months from the date of receipt of a copy of this order. 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, Theni District.
2. The Executive Engineer Public Works Department (PWD) Periyar Vaigai Basin Circle Water Resources Department Theni Division Theni District.
3. The Assistant Director Rural Development and Panchayat Raj Department Theni District.
4. The Assistant Director District Land Survey Theni District.
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W.P.(MD)No.27692 of 2026
5. The Revenue Divisional Officer Andipatti Division Theni District.
6. The Block Development Office (BDO) Andipatti Panchayat Union Theni District.
7. The Tahsildar Andipatti Taluk Theni District.
8. The Head Surveyor Andipatti Taluk Theni District.
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W.P.(MD)No.27692 of 2026 G.R.SWAMINATHAN, J and B.PUGALENDHI, J. rmi W.P(MD)No.27692 of 2026 24.09.2026
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