Madras High Court
WP/45902/2026 of Satha Konar Vs THE DISTRICT COLLECTOR on 11 November 2026
WP No. 45902 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-11-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP No. 45902 of 2026
CNR:{HCMA012682922026}
AND
WMP NO. 51551 OF 2026
Satha Konar
S/o. Manickam Konar,
Door No. 38/79 , North street,
Athiyenthal Village, Murukkampadi Post,
Vanapuram Taluk, Kallakurichi district
..Petitioner(s)
Vs
1. The District Collector
Kallakurichi district
2. The Revenue Tahsildar
Vanapuram
3. The Assistant Engineer
Irrigation Division,
Water Resources Department, vanapuram
4. Revenue Divisional officer
Kallakurichi
5. Satha Konar
S/o. Chakravarthy Konar,
Velayampalayam Village,
Tiruvannamalai Taluk (and ) District
..Respondent(s)
WP No. 45902 of 2026
Prayer : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Certiorari calling for the records of the 1st respondent culminating in the Impugned order bearing Rc. No. Aa5/ 1632/ 2026 dated 17.09.2026
passed by the 1st respondent.
For Petitioner(s):
Mr.K.Kousik
For Respondent(s):
Mr/C.Prabhakaran
Special Government Pleader For R 1-4
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
Order
(Order of the Court was made by S.M.Subramaniam J.) The order of the District Collector dated 17.09.2026 is under challenge in the present writ petition.
2. A perusal of the order impugned would show that the procedures as contemplated for adjudication of the dispute relating encroachment were followed. The petitioner's statement was considered by the District Collector, who, after conducting an enquiry, made a finding that after obtaining permission from the Water Resources Department, the petitioner has changed the route of the channel and encroached upon the portion of the channel, more specifically in the concluding paragraph, the District Collector has stated that the authorities have conducted the survey and inspection and submitted a report. Based on the report, the water channel was going through Survey
WP No. 45902 of 2026 Nos.29/2A, 29/2F, 29/2C, 29/2D1A, 29/2D1B, 29/2D3, 29/2E and 29/2H situated at Mutukambadi Village and S.No.37/5B situated at Athiyenthal Village, Vanapuram Taluk, Kallakurichi District and thereafter it reaches the Athiyenthal Lake. The said channel route was in existence for long years. The petitioner has destroyed the channel by causing obstruction and diverted the route of the channel and therefore, the authorities have initiated action for removal of encroachments.
3. Learned counsel for the petitioner would submit that the petitioner has not committed any such action as stated in the order passed by the District Collector. The subject land is a Patta land and in order to secure water for irrigation purposes, he has formed a channel in his own land.
4. Such disputed facts cannot be adjudicated in a writ proceedings. The revenue authorities had conducted a survey and submitted a report. Based on the report as well as the statement recorded from the petitioner, the District Collector has taken a decision. If at all the petitioner claims that he has not committed any such irregularity and whatever he has done, is in his Patta land only and therefore, it cannot be considered as encroachment, he has to approach the competent civil court of law for redressal of his grievance. The authorities have found that the route of the channel has been changed by
WP No. 45902 of 2026 causing obstructions and destroying a portion of the channel by the petitioner and such allegations are serious in nature and more so the deviation is made in the water body, which is impermissible.
5. With the above observations, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (R.R.V.,J.) 11-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST To
1. The District Collector Kallakurichi district.
2. The Revenue Tahsildar Vanapuram
3. The Assistant Engineer Irrigation Division, Water Resources Department, vanapuram
4. Revenue Divisional officer Kallakurichi
WP No. 45902 of 2026 S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. KST WP No. 45902 of 2026 AND WMP NO. 51551 OF 2026 11-11-2026