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2026 Supreme(Online)(Mad) 27952

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE N.SATHISH KUMAR
Rajangam – Appellant
Versus
The District Collector – Respondent



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.5113 of 2026 Rajangam ... Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The Block Development Officer, Kadamalai Myladumparai Panchayat Union, Theni District.

3.The Special Officer, Kumanan Tholu Panchayat, Kadamalai Myladumparai Panchayat Union, Theni District.

4.Prabhu ...Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents No. 1 to 3 to remove the blockage/encroachment made by the 4th respondent in the water stream and road situated in S.No. 1143/4 at Kumanan Tholu Village, Kadamalai Myladumparai Panchayat Union, Theni District and to restore the above water stream and road to its original position within a time period fixed by this Court.

For Petitioner : Mr.P.R.Prithiviraj For Respondent : Mr.S.P.Maharajan Special Government Pleader

ORDER

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

This writ petition is filed seeking a direction to the official respondents to remove the encroachment made by the fourth respondent in the water stream and road in S.No.1143/4 at Kumanan Tholu Village, Kadamalai Myladumparai Panchayat Union, Theni District.

2.Mr.S.P.Maharajan, learned Special Government Pleader, accepts notice for the first respondent. Considering the nature of the order proposed to be passed in this writ petition, notice to the remaining respondents is dispensed with.

3.By consent of both parties, this writ petition is taken up for final disposal at the time of admission itself.

4.The grievance of the petitioner is that the fourth respondent has encroached upon the Government land. However, no action has been taken by the authorities despite several representations made in this regard. Hence, the petitioner seeks appropriate directions from this Court.

5.Considering the above said fact, the first respondent is directed to cause a survey to be conducted through the Tahsildar, in the presence of the parties concerned. If any encroachment is found, necessary notice shall be issued to the parties concerned, and after affording them an opportunity of hearing, appropriate action shall be taken in accordance with law for the removal of such encroachment. The entire exercise shall be completed within a period of three (3) months from the date of receipt of a copy of this order. Accordingly, this writ petition is disposed of. No costs.

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

11.03.2026 Index :Yes/No Internet :Yes ta To

1.The District Collector, Theni District, Theni.

2.The Block Development Officer, Kadamalai Myladumparai Panchayat Union, Theni District.

3.The Special Officer, Kumanan Tholu Panchayat, Kadamalai Myladumparai Panchayat Union, Theni District.

N.SATHISH KUMAR, J.

AND M.JOTHIRAMAN, J.

ta W.P.(MD)No.5113 of 2026

11.03.2026

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