BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 04.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

and

THE HONOURABLE MR.JUSTICE B.PUGALENDHI

W.P(MD)No.6147 of 2023

P.Muthu ... Petitioner

Vs.

1.The Inspector General of Registration,

No.100, Santhome High Road,

Chennai-600 028.

2.The Inspector General of Police,

South Zone,

No.77, Race Course Road,

Madurai-625 002.

3.The Deputy Inspector of Registration,

Integrated Registration Office,

Thirumohur Road,

Rajagambeeram,

Othakkadai,

Madurai.

4.The Deputy Inspector of Registration,

Integrated Registration Office,

Ramanathapuram Region, Ramanathapuram District.

5.The District Collector, Madurai District, Madurai-625 020.

6.The District Revenue Officer, Madurai District, Madurai.

7.The District Registrar, Madurai South Registration District, No.171, Palace Road, Madurai-625 001.

8.The Revenue Divisional Officer, Kappalur, Opp.Thiyagaraja Mill, Thirumangala, Madurai-625 106.

9.The Tahsildar, Thirupparankundram Taluk, Madurai District.

10.The Inspector of Police, District Crime Branch, Madurai.

11.The Sub Registrar, Joint-I, Madurai South, No.171, Palace Road, Madurai-625 001.

12.First Factoring (India) Pvt., Limited, Old No.71, Door No.12, 3rd Main Road, Kasthuribai Nagar, Adayar, Chennai-600 020.

13.KERN Enterprises Pvt., Limited, 29/3, Aruppukottai Road, Valaiyankulam Village, Madurai-625 022. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 5, 6, 8 and 9 to remove the encroachment made by the respondents 12 and 13 in the water body namely Pallakkundu Oorani to an extent of 1.69.5 hectares in 4.19 acres at S.F.no. 34 Valaiyankulam Village, Thirupparankundram Taluk, Madurai District.

For Petitioner :Mr.R.Rajaraman For Respondents :Mr.G.V.Vairam Santhosh Additional Government Pleader for R1 to R9 & R11 : Mr.M.Gananasekaran Government Advocate for R10 : Mr.M.Kannan for R12 & R13

ORDER

Heard both sides.

2. The petition mentioned survey number measuring an extent of 4.19 acres is located in the middle of the patta land owned by the respondents 12 & 13. They are said to own around 67 acres of the and. They are running a bonded ware house in their patta land. Survey number in question has not been encroached. No construction has come up. The petitioner's prayer is that the original character of the water body must be restored.

3. We do not find bonafides in the endeavour of the writ petitioner.

There are sale deeds attributed to the writ petitioner. W.P.(MD)No.517 of 2010 and W.P.(MD)No.7426 of 2009 had been filed in respect of the very same survey numbers. Those writ petitions were dismissed. Photographs indicating the current position of the said land had been produced before us. It is seen that though the said survey number had been originally classified as water body, it resembles a wild jungle. The learned counsel for the private respondents would claim that it is virtually like a birds sanctuary. An affidavit has been filed by the private respondents stating that they would completely fence the said survey number and see to it that survey number is not encroached at any point of time in future. They are also not claiming any title over the petition mentioned survey number.

4. Paragraph Nos.4 & 5 of the affidavit filed by the private respondents reads as follows:-

“4. I submit that the tree growth is clearly like a forest and it is wild and very thickly dense. The entire area is covered by such rare trees, plant, animal and bird species. There are different strata of trees, shrubs, herbs and grasses like that of a forest and other wild bushes. Not only that there are huge number of peacocks numbering more than 100 in the said lands. In the bushes under the trees we could find laying of eggs by peacocks and other birds on the trees across the entire are. We could also identify huge number of parrots, Wild Pigeon, various other native and other birds, which due to our lack of knowledge of identification of birds could no