Madras High Court
WP/36143/2026 of G. RAMAN Vs The Commissioner of Town and Country Planning on 8 September 2026
WP No. 36143 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-09-2026
CORAM
THE HON'BLE DR JUSTICE G. JAYACHANDRAN
AND
THE HON'BLE MR.JUSTICE E.MANOHARAN
WP No. 36143 of 2026
G.Raman
..Petitioner(s)
Vs
1. The Commissioner of Town and Country
Planning
Directorate of Town and Country Planning CMDA office complex, E & C Market Road Koyambedu, Chennai 600 107.
2. The District Collector
Kallakurichi District.
3. The Assistant Director
Office of the Town and Country Planning
Department
Kallakurichi District.
4. J.S.Global Academy
Rep. by its Founder Dr. S.P.Senthil Kumar
..Respondent(s)
To
direct 1st and 3rd respondents to conduct enquiry on the petitioner’s representation dated 25.05.2026 preferred to the 1st to 3rd respondents for cancelling the approval order issued to the 4th respondent and demolish the building constructed by the 4th respondent on encroached area of Komugi River in Survey No.180/1 and 181/1, Neelamangalam villlage,
WP No. 36143 of 2026
Kallakurichi Taluk and District and in Survey No. 309 and 313 in Veera Chozhapuram East Village, Kallakurichi Taluk and District in accordance with law.
For Petitioner(s):
Mr.S.Mohamed Ansar
For Respondent(s):
Mr.B.Sivakollapan,
Addl.Govt. Pleader, for R1 to R3
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ORDER
(Order of the Court was made by Dr.G.Jayachandran J.) The writ petitioner herein, claiming to be a public interest litigant, has filed the present Writ Petition, seeking a mandamus to consider his representation, dated 25.05.2026, given to respondents 1, 2 and 3, in respect of the constructions made by fourth respondent, encroaching Komugi River in Survey No.180/1 and 181/1, Neelamangalam Villlage, Kallakurichi Taluk and District and in Survey No. 309 and 313 in Veera Chozhapuram East Village, Kallakurichi Taluk and District.
2. Though the alleged encroachment falls under two different villages and survey numbers, a combined representation has been given by the petitioner to the authorities, and, alleging that no action has been taken on his representation, the present Writ Petition has been filed, seeking a mandamus, as above.
3. To find out whether any prima facie case is available for the Court to interfere, we requested the counsel for the petitioner to show the details regarding the water body and the alleged constructions made, encroaching the
WP No. 36143 of 2026
water body. From the A-Register furnished in respect of Neelamanagalam Village, we find that Survey No.180/1 part, measuring Hc.4.97.5 ares is classified as river and Survey No.181/1 part, measuring Hc.0.41.5 ares is classified as river. Likewise, in Veera Chozhapuram East Village, Survey No.309 part, measuring Hc.0.28.0 ares, is classified as Stream and Survey No.313, measuring Hc.1.79.5 ares, is classified as “Street”. The photographs annexed along with typed set of papers show that the compound wall is constructed far beyond the water body and not on the stream.
4. Additional Government Pleader submits that as far as the construction of the private respondent is concerned, it is on their patta land and no encroachment is found in survey Nos.180 and 181 and their sub-divisions in Neelamangalam Village. So also in survey Nos.309,310,311 and 312 and their sub-divisions in Veela Chozhapuram East Village.
5. From the representation of the petitioner, we find that the authorities, such as Education Department and Town and Country Planning Department, had considered the application for recognition and approval respectively and, only on being satisfied, recognition and approval were given.
6. In such circumstances, when there is no material to show any encroachment on the water body, we do not find any reason to issue a mandamus for consideration of the representation of the petitioner. Hence, this Writ Petition stands dismissed. However, dismissal of this Writ Petition cannot be taken as a licence to private persons to encroach upon water body, running
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close to their property. We make it clear that if any such attempt is made, the Government shall take necessary action to prevent the same. No costs. (G.J.,J.) (E.M.,J.) 08-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DIXIT To The Commissioner of Town and Country Planning Directorate of Town and Country Planning CMDA office complex, E & C Market Road Koyambedu, Chennai 600 107. The District Collector Kallakurichi District. The Assistant Director Office of the Town and Country Planning Department Kallakurichi District.
WP No. 36143 of 2026
DR.G.JAYACHANDRAN, J. AND E.MANOHARAN, J. DIXIT WP No. 36143 of 2026 08-09-2026