Madras High Court

WP/36562/2026 of Gandhimathy Vs The District Collector on 10 September 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-09-2026

CORAM

THE HON'BLE DR JUSTICE G. JAYACHANDRAN

AND

THE HON'BLE MR.JUSTICE E.MANOHARAN

WP No. 36562 of 2026

Gandhimathy

..Petitioner(s)

Vs

1. The District Collector

Erode

2. The Revenue Divisional Officer (RDO)

Gobichettipalayam

Erode District

3. The Tahsildar

Anthiyur Taluk

Erode District

4. The Deputy Tahsildar

Anthiyur Taluk,

Erode District

5. The Executive Engineer (PWD)

Bhavanisagar Dam

Erode District

6. The Assistant Engineer (PWD)

Water Resources Department,

Ammapettai

7. Taluk Deputy Inspector (Survey)

Anthiyur

Erode

8. Taluk Sub - Inspector (Survey)

Anthiyur

Erode

9. Sub-Inspector (Touring Squad)

Anthiyur

Erode

10.Sub-Inspector (Touring Squad)

Ammapettai

Erode

11.Land Surveyor

Anthiyur

Erode

12.Frika Land Surveyor

Ammapettai

Erode

..Respondent(s)

To direct the respondents 7 to 12 to comply the order in Na.Ka.No.449/2025/A1 dated 29.07.2026 on the file of the 3rd respondent and further direct them to concurrently survey and demarcate the boundaries of the petitioner’s private patta lands pursuant to application No.2026/0123/10/002111

using revenue records to accurately identify any encroachment.

For Petitioner(s):

Mr.Rajarajan

for Mr.D.Nandhagopal

For Respondent(s):

Mr.K.Surendar,

Spl.Govt.Pleader.

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ORDER

(Order of the Court was made by Dr.G.Jayachandran J.) The petitioner herein, who is found to be in occupation of Government Poramboke land, which the revenue records indicate that it is a “lake canal”, filed a Writ Petition No.30181 of 2026 earlier, seeking a certiorarified mandamus to quash the show cause notice issued for removal of encroachment and also for a mandamus for appointing independent surveyor to measure the land, since she claimed that she is in occupation of her patta land and not an encroacher.

2. When the said Writ Petition came up for consideration, this Court, taking into consideration the representation made across bar that the respondents are contemplating to conduct survey, disposed that writ petition with the observation, that, if any survey conducted, the report of the survey must be given to the petitioner to work out her remedy in the manner known to law.

3. Relying on the said observation made by this Court on 05.08.2026 in W.P.No.30181 of 2026, the present Writ Petition is filed, stating, that, without notice, local revenue officials conducted visit of the site on 14.08.2026 to mark the boundaries and, therefore, she wants the Court to constitute a six member team for scientific re-survey of the land. To substantiate her plea, the petitioner refers to an inter-departmental communication, which has emanated from

Revenue Tahsildar to Executive Engineers of Water Resource Department, Deputy Tahsildars, Revenue Inspectors and Village Administrative Officers of the jurisdiction concerned, to conduct survey of the land by a team of six members.

4. We are surprised to see a communication from Tahsildar to other officials to conduct survey of a private land by a team of six members, which goes in tune with the direction sought in this Writ Petition. Hence, this Court directed the Special Government Pleader to get instructions. The Special Government Pleader, on instructions and verification, informs this Court that though there was an internal communication as referred to in the Writ Petition, the District Collector, after knowing the impropriety of the communication has dropped the proposal and the revenue officials have no intention to conduct survey of the land constituting a team of six members since it is not required as already, survey has been conducted and Form I Notice issued to the authorities concerned to proceed further. The Special Government Pleader further stated that the petitioner will be issued Form II along with Survey Report in compliance with the order passed by this Court in earlier Writ Petition W.P.No.30181 of 2026; and, if the petitioner has any grievance, she is at liberty to make her objections, if any.

5. From the records and perusing the affidavit in W.P.1926 of 2025, which is listed today, we find that the process of identifying the encroachment of the water body and removal of it has commenced from the Writ Petition filed by one Easwaramurthy. In the said Writ Petition, we had issued directions to the authorities to identify the encroachers for the process of eviction and report. It is submitted by the Special Government Pleader that, already, Form I has been issued and the authorities are likely to issue Form II along with survey report to encroachers in due course and issuance of Form III will be followed, after hearing the objections from the encroachers including the writ petitioner.

6. Recording the same, this Writ Petition stands disposed of. No costs. Consequently, the connected W.M.P.No.40973 of 2026 is closed. (G.J.,J.) (E.M.,J.) 10-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DIXIT To The District Collector Erode The Revenue Divisional Officer (RDO) Gobichettipalayam Erode District The Tahsildar Anthiyur Taluk Erode District The Deputy Tahsildar Anthiyur Taluk, Erode District

The Executive Engineer (PWD) Bhavanisagar Dam Erode District The Assistant Engineer (PWD) Water Resources Department, Ammapettai Taluk Deputy Inspector (Survey) Anthiyur Erode Taluk Sub - Inspector (Survey) Anthiyur Erode Sub-Inspector (Touring Squad) Anthiyur Erode Sub-Inspector (Touring Squad) Ammapettai Erode Land Surveyor Anthiyur Erode Frika Land Surveyor Ammapettai Erode

DR.G.JAYACHANDRAN, J. AND E.MANOHARAN, J. DIXIT WP No. 36562 of 2026 10-09-2026

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