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2026 Supreme(Online)(Mad) 13674

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice S. M. SUBRAMANIAM
R.Madheswaran – Appellant
Versus
The District Collector – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-02-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN WP No. 22249 of 2022 and W.M.P.No.21270 of 2022 R.Madheswaran, S/o.K.N. Ramasamy, Pelur Karadipatti, Kottavadi Post, Pethanaickenpalayam Taluk, Salem District- 636 115.

..Petitioner(s)

Vs

1. The District Collector of Salem, Collectorate, Salem District.

2. The Distric Revenue Officer Collectorate, Salem District.

3. The Revenue Divisional Officer Attur Town and Taluk, Salem District.

4. The Block Development Officer Pethanaickenpalayam, Salem District.

5. The Tahsildar Pethanaickenpalayam, Salem District.

6. The Revenue Inspector Yethapur, Salem District.

7. The Village Administration Officer Kottavadi.

8. Murugan S/o.Veeramuthu, B.Karadipatti Village, Kottavadi Post, Pethanaickenpalayam Taluk, Salem District.

..Respondent(s)

To forbear the respondents 1 to 7 from converting Arya Gounder Odai Situated in S.F. No.45,B.Karadipatti Village into pathway / road and remove the encroachment in water body / Odai not to make any changes in usage of Odai and thereby implement the order of this Honble Court to construct the check dam in the above said survey Number.

For Petitioner(s): Mr.G.Anantharangan For Respondent(s): Mr.T.Arun Kumar, AGP for R1 to R7 No Appearance - R8.

ORDER

(Order of the Court was made by C.Kumarappan J.)

The present writ petition has been filed to forbear the respondents 1 to 7 from converting Arya Gounder Odai situated in S.F.No.45, Karadipatti Village into pathway/road and remove the encroachment in water body/ Odai and not to make any changes in usage of Odai and thereby, implement the order of this Court to construct the check dam in the above said survey number.

2. When the matter is taken up for hearing, the learned Additional Government Pleader, by relying upon of the counter statement, would submit that the subject encroachment has already been removed and the details of such compliance has been referred to in paragraph Nos.8 and 9 of the counter affidavit, which reads as follows:

8. It is submitted with respect to the averments in para 7 to 10, the representation of the petitioner is being complied with and encroachments are removed. The check dam construction is ongoing. It is also stated that the Judgment of this Hon’ble Court is implemented in its strict sense and the farmers will be benefitted. As stated earlier, the order of the District Collector dated 26.10.2018 is also given effect to.

9. It is submitted that there is no such problem of preventing the construction of check dam by anyone and the work is being executed by the 4th respondent without any protest. There is no proposal to form any road in the odai poramboke land and this office is not authorizing anybody to form the road in the above land and the averments made by the petitioner are false and frivolous.

3. In view of the above submission, no further order is required in this matter. In the result, the Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is also closed.

(S.M.S.,J.) (C.K.,J.)

18-02-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VSI To

1. The District Collector of Salem, Collectorate,Salem District.

2. The Distric Revenue Officer Collectorate, Salem District.

3. The REvenue Divisional Officer Attur Town and taluk, Salem District.

4. The Block Development Officer Pethanaickenpalayam, Salem District.

5. The Tahsildar Pethanaickenpalayam, Salem District.

6. The Revenue Inspector Yethapur, Salem District.

7. The Village Administration Officer Kottavadi.

S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN, J.

vsi

18-02-2026

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