WP/10666/2026 of K.JAYARAM Vs The District collector on 9 September 2026

ORDER

(Order of the Court was made by Dr.G.Jayachandran J.) This Writ Petition is filed for issuance of a mandamus, directing second and third respondents to dispose of the petitioner’s representation, dated 12.01.2026, for removal of the encroachment allegedly made by the fourth respondent on the water catchment area in Survey No.711/4,711/5,709, 713/1,2,3,4,5 and 6, Mathurapakkam revenue village, Vikravandi Taluk,

2. The case of the petitioner is that the fourth respondent, in view of promoting his real estate business, under the name of “Shree Madha Bhuvaneshwari Garden”, has encroached upon water body and water catchment area and, therefore, the encroachment has to be removed. His representation, dated 12.01.2026, to the respondents has not been considered. Hence, he has filed the present Writ Petition.

3. On notice, Tahsildar, Vikravandi Taluk, who is arrayed as third respondent, has filed a counter, wherein he has stated that Survey No.711 and its sub-divisions and S.No.713 and its sub-divisions are not Government water bodies and they are patta lands. Only the land in Survey No.709, measuring

0.54 ares, is Kuttai (pond). The water body, which is currently gone dry, has been encroached by public and utilised as an agricultural land.

4. Government Advocate submitted that misinterpreting the entry made in A-Register regarding the additional tax levied, considering the nature of punja land capable of holding water, the petitioner has come to a wrong presumption that the area falling under Survey No.713/1,2,3,4,5 and 6, Mathurapakkam revenue village, Vikravandi Taluk, Villupuram District, is water body. In so far as the properties associated with the fourth respondent, which falls under Survey Nos.710 and its sub-divisions and 711 and its sub-divisions, they are all private lands.

5. Counter affidavit of the Tahsildar also reiterates the same fact. Sree Matha Bhuvaneswari Garden is a duly approved residential layout, situated in Mathurapakkam Village, Vikravandi Taluk, Villupuram District, and the said lay out is developed on private lands of individuals. There is a specific denial of encroaching Survey No.709, which is identified as Kuttai (pond) in the UDR Register.

6. Considering the averments made by the petitioner and the respondents as well as the revenue records, it is clear that the fourth respondent has not encroached any water body, as alleged in the writ petition. However, we find that Survey No.709 is a Kuttai (water body) under encroachment by third parties, who are not before us. If the third respondent finds that the water body has been encroached, it is open for the third respondent to take appropriate action, following due process of law. As far as the fourth respondent is concerned, the survey numbers mentioned in the counter of third respondent clearly show that they are not water bodies, but patta lands of private persons. Hence, this Writ Petition stands disposed of, holding that the allegation of the petitioner as against the fourth respondent is incorrect. No costs. (G.J.,J.) (E.M.,J.) 09-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DIXIT To The District Collector Office of the District Collector Villupuram District -605 602. The Assistant Director DTCP Approval Department No.56A, THADCO Building GH Road Villupuram Villupuram District-605 602. The Thasildar Vikkiravandi Taluk Office Vikkiravandi Taluk

DR.G.JAYACHANDRAN, J. AND E.MANOHARAN, J. DIXIT WP No.10666 of 2026 09-09-2026