Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 24527

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sushrut Arvind Dharmadhikari, CJ, G.Arun Murugan, J
K.K.Babu – Appellant
Versus
The Secretary Water Resources Department, Government of Tamil Nadu – Respondent
WP No. 6554 of 2026

Advocates:
For the Appellants/Petitioners: Mr. Rajkumar.J.
For the Respondents:Mr.M.Habeeb Rahman Government Advocate For R1 To R7

The court emphasized the urgency of enforcing land laws to remove illegal encroachments on public water resources, obligating government officials to act swiftly under the Land Encroachment Act.

Headnote:(A) Constitution of India - Article 226 - Public Interest Litigation - Direction to remove illegal encroachments on a water-storing pond and restore its original capacity - Encroachments reported on Government Poramboke land necessitate urgent action by Revenue officials, who must proceed under the Land Encroachment Act within twelve weeks. (Paras 2, 6, 7)

(B) Judicial Review - High Court's role in protecting public interest and water resources management by addressing encroachments on communal resources - Legal obligation on government officials to act against illegal encroachments promptly. (Paras 5, 6)

Facts of the case:
The petitioner sought to remove encroachments on a water-storing pond located in a specific survey number, asserting that such actions are necessary for environmental and water resource preservation.

Findings of Court:
The court ordered the Tahsildar to take swift measures against encroachers based on submitted reports.

Issues: The primary issue was the illegality of encroachments on a government water resource and the necessity for government action.

Ratio Decidendi: The court underscored the importance of swift governmental action in enforcing land laws to prevent the illegal occupation of public land used for water storage, thereby safeguarding community resources.

Result: Writ petition disposed of with directions for immediate action.

Table of Content
1. petition filed for evicting encroachments on water body. (Para 1 , 2)
2. arguments on the necessity to remove encroachments. (Para 3 , 5)
3. court's direction for action under land encroachment act. (Para 4 , 6)
4. writ petition disposed with directions. (Para 7)

Heard learned counsel for the parties.

2. The present writ petition, styled as public interest litigation, under Article 226 of the Constitution of India has been filed seeking a direction to the respondents 1 to 7 to evict the illegal encroachment made by the 8th respondent over the Kasakalvai/ water – Storing pond situated in Survey No.291, measuring an extent of 74.5 Ares, located in Seevoor Village, Gudiyatham Taluk, Vellore District and directing the respondents 1 to 7 to restore and restructure the water storing pond in survey No.291 to its Original depth, width, alignment and water- storage capacity, ensuring that the natural inflow of water from Pakkam Lake is fully revived

3. Learned counsel for the petitioner submitted that, there are encroachments on the water bodies which ought to have been removed.

4. Learned Government Advocate, on written instructions, submitted that the revenue officials have inspected the property in S.No.291/1, which is a Government Poramboke and measured the same with the help of Taluk Surveyor and Firkha Surveyor and found that there are four encroachers, including the petitioner, as listed below:

5. It is further submitted that, in order to remove the above encroachments, notices are being issued to the encroachers and thereafter appropriate proceedings would be initiated to remove the encroachment over the water bodies situated at Survey No.291/1.

6. In view of the aforesaid submissions, the fourth respondent Tahsildar is directed to take action against the encroachers under the Land Encroachment Act and proceed in accordance with law, as expeditiously as possible, within a period of twelve (12) weeks from today.

7. The writ petition is disposed of accordingly with the aforesaid directions. There shall be no order as to costs.

(SUSHRUT ARVIND DHARMADHIKARI, C.J.) (G.ARUL MURUGAN J.)

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2026 Supreme(Online)(Mad) 24527

IN THE HIGH COURT OF JUDICATURE AT MADRASSushrut Arvind Dharmadhikari, CJ, G.Arun Murugan, JK.K.Babu – AppellantVersusThe Secretary Water Resources Department, Government of Tamil Nadu – RespondentWP No. 6554 of 2026

The court emphasized the urgency of enforcing land laws to remove illegal encroachments on public water resources, obligating government officials to act swiftly under the Land Encroachment Act.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sushrut Arvind Dharmadhikari, CJ, G.Arun Murugan, J
K.K.Babu – Appellant
Versus
The Secretary Water Resources Department, Government of Tamil Nadu – Respondent
WP No. 6554 of 2026