IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2026

CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA,

CHIEF JUSTICE

AND

THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

W.P.No.46486 of 2025

R.Bangarusamy,

S/o.Late RajiNaidu,

No.11/1B2, Ponnalaman Salai,

Thirumoorthy Nagar Post,

Udumalpet Taluk,

Tiruppur District. .. Petitioner

Vs.

1.The Collector,

Office of Collectorate,

Tiruppur District.

2.The Chief Engineer,

Water Resources Organization,

Public Works Department,

Coimbatore District.

3.The Executive Engineer,

Water Resources Organization,

Public Works Department,

Thirumoorthy Dam Division,

Udumalpet, Tiruppur District.

4.The Assistant Executive Engineer,

Water Resources Organization,

Public Works Department,

Mananai Division, Thirumoorthy Nagar, Udumalpet.

5.The Assistant Engineer, Office of The Assistant Engineer, Department of National Highways, Udumalpet, Tiruppur District.

6.The Revenue Divisional Officer, Udumalpet, Tiruppur District.

7.The Assistant Divisional Engineer, Construction and Maintenance, Highways Department, Udumalpet.

8.The Tahsildar, Udumalpet Taluk, Udumalpet.

9.S.Thilagavalli, W/o.M.Senthil Raj, Hotel Shanmugha Bhavan, Boat House, Thirumurthy Nagar & Post, Udumalaipetai Taluk, Tiruppur District, Tamil Nadu - 642 112. .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing the respondents 1 to 8 to remove the encroachment made by the 9^th respondent in lands situated at Dhali Village, Udumalpetai Taluk, Tiruppur District, comprised in S.No.332/1, S.No.332/2 and S.No.333/2.

For Petitioner : M/s.S.Ambika for Mr.K.Venkateswaran For Respondents : Mr.E.Vijay Anand Additional Government Pleader for R1 to R8 ORDER (Order of the Court was made by G.Arul Murugan, J.)

Heard M/s.S.Ambika, learned counsel for the petitioner and Mr.E.Vijay Anand, learned Additional Government Pleader for respondents 1 to 8.

2. This writ petition, styled as Public Interest Litigation, seeks issuance of direction to remove the encroachment on the water body situated in Survey Nos.332/1, 332/2 and 333/2 at Dhali Village, Udumalpetai Taluk, Tiruppur District, by the private respondent.

3. It is the case of the petitioner that the 9^th respondent had made encroachment on the Government poramboke land and water body by constructing Hotel and Marriage Hall. Due to the encroachment on ‘Odai’, the flow of water is diverted and further, the private respondent is engaging in dumping the hotel waste in the stream of the river.

4. Pursuant to the complaint made by the petitioner, survey was conducted and the encroachment was identified. However, alleging that the official respondents did not take any effective action but allowed the private respondent to be in enjoyment of the encroached portion, which is not permissible, the petitioner has preferred the writ petition.

5. Responding to the allegations, respondents 4 and 8 have filed separate status reports. It is stated that as per the revenue records, land in Survey No.332/1 is classified as ‘PWD poramboke’, Survey No.332/2 is classified as ‘Odai Vari’ and Survey No.333/2 is classified as ‘Tharisu’. Pursuant to the complaint, inspection was conducted by the Surveyor on 08.02.2024, encroachment was identified and appropriate proceedings were initiated under the Tamil Nadu Land Encroachment Act, 1905. The 9^th respondent, who was found in encroachment of a portion of land, on issuance of notice had voluntarily removed the encroachment on 30.10.2024 itself. As on date, there is no encroachment on the water body in Survey No.332/2, which is classified as ‘Odai Vari’.

6. As regards the land classified as ‘PWD poramboke’ in Survey No.332/1, after the encroachment was removed, since the land is situated near the tourist place, the Joint Director, Tamil Nadu State Rural Livelihood Mission, through proceedings dated 13.03.2025, had selected a portion of land in Survey No.332/1 for forming ‘Madhi Angadi’ in order to market the products of Women’s Self-Help Group. Fu