BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2026 CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.(MD)No.20666 of 2019 and W.M.P.(MD)No.17283 of 2019 Mariappan (Died)

1.Meenkashi Sundaram

2. Samy Ayya (The petitioners are substituted vide order of this Court dated 11.03.2026 in W.M.P.(MD)

No.17824 of 2025.) ... Petitioners Vs.

1. The District Collector, Pudukkottai District

2. The Tahsildar, Avudaiyarkovil Taluk, Pudukkottai District.

3. The Executive Engineer, Public Works Department, Water Resource Organization, Aranthangi, Pudukkottai District.

4. The Assistant Engineer, Public Works Department, Water Resource Organization, Aranthangi, Pudukkottai District.

5. V.Ramu

6. A.Aruldass

7. A.Antonyraj 8. G.Rayappan

9. L.Elias

10. R.Mariajohn

11. Mamangameenal

12. Manimegalai

13. M.Ramu 14. Poomayil

15. Ravi

16. Mahalakshmi

17. Arulandhu

18. Vanakamary

19. Chellapillai ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, Directing the respondents 1 to 4 to remove the encroachment made in S.F.Nos.135, 136, 137, 138 and 139 of Water Catchment area of Thiruppunavasal Yeri in S.F.No.133/2 of Thiruppunavasal Revenue Village, Avudaiyarkovil Taluk, Pudukkottai District and to launch criminal prosecution if any fresh encroachment are made by the respondents 5 to 19.

For Petitioners : Mr.K.Balasundharam For Respondents : Mr.D.Sasikumar, Addl. Govt. Pleader for R1 to R4 Mr.S.Rajasekar for M/s.Roy & Roy Associates for R5 to R7, R9, R11, R12 & R19 No Appearance for R8, R10, R13 to R18

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.)

This Writ Petition has been filed seeking a direction to the respondents 1 to 4 to remove the encroachment made in S.F.Nos.135, 136, 137, 138 and 139 of Water Catchment area of Thiruppunavasal Yeri in S.F.No.133/2 of Thiruppunavasal Revenue Village, Avudaiyarkovil Taluk, Pudukkottai District and to launch criminal prosecution if any fresh encroachment are made by the respondents 5 to 19.

2. The petitioner is one of the Ayacutdhars of Thiruppunavasal Thiruppunavasal Yeri in Avudaiyarkovil Taluk, Pudukkottai District. According to him, the respondents 5 to 19 have formed bunds by encroaching the said Yeri and are making arrangements to cultivate the lands. The petitioner submitted a representation on 13.09.2019, seeking the removal of the encroachment. However, no action has been taken by the respondents on the said representation. Hence, the petitioner has filed this Writ Petition.

3. The learned Additional Government Pleader appearing for the respondents 1 to 4 would submit that they have already sent a report to the respondents 3 and 4, since the entire areas come under the control of Public Works Department. Therefore, action must be initiated under the The Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007.

4. The learned counsel appearing for the respondents 5 to 7, 9, 11, 12 & 19 would submit that the respondents 3 and 4 may proceed in accordance with law after issuing notice to them.

5. Considering the submissions made by both sides, this Court directs the respondents 3 and 4 to take action under the The Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 and proceed in accordance with law for removing the encroachment of the entire area, after issuing notice to the all the concerned parties. The above exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of.

There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

[N.S.K., J.] & [M.J.R., J.]

11.03.2026 Index :Yes/No NCC :Yes/No vsm N.SATHISH KUMAR , J .

AND M.JOTHIRAMAN, J.

vsm To

1. The District Collector, Pudukkottai District

2. The Tahsildar, Avudaiyarkovil Taluk, Pudukkottai District.

3. The Executive Engineer, Public Works Department, Water Resource Orga