The court affirms the importance of protecting waterbodies, ruling that illegal constructions must be addressed in accordance with statutory provisions.

Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1, 2 and 4 to prevent further construction of burning ghat by the 6^th respondent over the water body situate in S.No.611/1 in Kadalangudi Village, Kuthalam Taluk, Mayiladuthurai District and remove the same within the time frame as may be fixed by this Hon’ble Court.

For Petitioner(s): Mr.A.V.Arun For Respondent(s): Mr.K.Karthik Jagannath Government Advocate ORDER (Order of the Court was made by the Hon'ble Chief Justice)

This petition has been filed under Article 226 of the Constitution of India seeking direction to respondents 1, 2 and 4 to prevent further construction of the burning ghat by the 6^th respondent over the water body situate in S.No.611/1 in Kadalangudi Village, Kuthalam Taluk, Mayiladuthurai District and to remove the same within a time frame.

2. Learned counsel for petitioner submits that construction over the waterbody is illegal and is in violation of the provisions of law. This Court, on number of occasions, has emphasized protection of waterbodies and directed removal of encroachment as per the provisions of the Tamil Nadu Land Encroachment Act, 1905. Therefore, no construction, whether by individual or government authorities, can be permitted on waterbodies. He also submits that petitioner has submitted a representation on 30.10.2025 and the same is pending consideration.

3. On the other hand, learned State counsel submits that the construction of electric crematorium has been made in S.No.611/2 & 3 and not in S.No.611/1.

4. In view of the aforesaid, we direct second respondent to take a decision on the pending representation of petitioner, as expeditiously as possible, within a period of four weeks from today and pass a reasoned and speaking order. We have not expressed any opinion on the merits of the case.

5. Petition is disposed of. There shall be no order as to costs.