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2026 Supreme(Online)(Mad) 29542
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
D.Gajalakshmi – Appellant
Versus
The District Collector, Kallakurichi District, Kallakurichi – Respondent
WP No. 18341 of 2025 | WMP No. 20546 of 2025
For the Appellants/Petitioners: Mr.M.Balasaileshwar for Mr. R.M. Makesh Kumaravel
For the Respondents: Mr.T.Arunkumar, Addl. Govt. Pleader
Writ court cannot grant injunction for possession; civil court for title; authorities must remove water body encroachments lawfully.
Headnote:Under Article 226 of the Constitution of India, petitioner sought writ of mandamus to protect possession in specified survey numbers. Authorities identified encroachments in water body during inspection, relying on prior Full Bench judgment. Court held injunction relief not entertainable in writ jurisdiction; title claims to be pursued in civil court. Petitioner to approach civil court for title disputes. Authorities directed to remove encroachments expeditiously following due procedure. Writ petition disposed of without costs.
| Table of Content |
|---|
| 1. petition seeks protection of possession against disturbance. (Para 1) |
| 2. encroachments identified in water body per inspection. (Para 2) |
| 3. no injunction in writ; civil court for title; remove encroachments lawfully. (Para 3) |
..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the respondents from disturbing the petitioner’s peaceful possession in Survey No.296/1A1A1 and 296/1B Kallakurichi except in accordance with law by considering the petitioner’s representation dated 06.05.2025.
For Petitioner : Mr.M.Balasaileshwar for Mr. R.M. Makesh Kumaravel For Respondents : Mr.T.Arunkumar, Addl. Govt. Pleader
Order
(Order of the Court was made by S.M.Subramaniam J.)
The Writ of Mandamus has been instituted forbearing the respondents from disturbing the petitioner’s peaceful possession in Survey No.296/1A1A1 and 296/1B, Kallakurichi except in accordance with law by considering the petitioner’s representation dated 06.05.2025.
2. The learned Additional Government Pleader based on written instructions given by the Assistant Engineer, Water Resources Department, Irrigation Section, Kallakurichi would submit that during the course of inspection and survey, the Authorities identified encroachments in the water body. Thus enforcement actions are to be initiated in view of the Full Bench judgment of this Court in T.K.Shanmugam Vs. The State of Tamil Nadu Case.
3. That apart, the relief as such sought for in the nature of injunction is not entertainable. The petitioner, if claims title, has to approach the competent civil Court of law. However, the Authorities since identified encroachments in the water body, they are bound to remove the same as expeditiously as possible by following the procedures as contemplated.
