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2026 Supreme(Online)(Mad) 32484
MADURAI BENCH OF MADRAS HIGH COURT
G.R. Swaminathan, B. Pugalendhi, JJ
Ganapathy – Appellant
Versus
The Commissioner of Land Adm – Respondent
W.P(MD)No.3043 of 2026
For the Appellants/Petitioners: P. Rajagopalan
For the Respondents: G.V. Vairam Santhosh
The court directed official respondents to ensure that land classified as a water body (Vattakulam) remains free from encroachment and granted the petitioner liberty to file a fresh petition for land parcels involving factual disputes.
Headnote:The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct official respondents to remove encroachments on tank land measuring 0.57 ares in Survey Nos. 204/1 and 204/5 at Mookudi Village. The court noted that Survey No. 204/1 is classified as “Vattakulam” and recorded the respondents' submission that no encroachment currently exists on this specific plot. The primary issue was whether the official respondents should be directed to remove encroachments from the specified survey numbers. The court reasoned that while no current encroachment exists in Survey No. 204/1, the official respondents must ensure that the land remains free of encroachment for all times to come. This Writ Petition is disposed of accordingly. No costs.
| Table of Content |
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| 1. protection and maintenance of water bodies from encroachment. (Para 1 , 2) |
| 2. liberty to agitate factual disputes through fresh legal proceedings. (Para 3) |
| 3. final disposal of the writ petition. (Para 4) |
Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment made by the respondents 6 to 8 in S.No.204/1 and S.No.204/5 in respect of a portion of the tank measuring 0.57 ares out of 14.54.5 hectares, situated at Mookudi Village, Aranthangi Taluk, Pudukkottai District, by considering the petitioner's representation dated 05.08.2024 within time stipulated by this Court.
ORDER
Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 5. Considering the nature of relief to be granted, issuance of notice to the respondents 6 to 8 is dispensed with.
2.The writ petition pertains to two survey numbers, namely, Survey Nos.204/1 and 204/5. Survey No.204/1 has been classified as “Vattakulam”. The stand of the respondents is that, as on date, no encroachment has been committed in respect of Survey No.204/1. This submission is recorded. The official respondents are directed to ensure that Survey No.204/1 remains free of encroachment for all times to come and continues to be maintained as such.
3.Regarding Survey No.204/5, there are some factual issues and the petitioner is given liberty to agitate the same afresh if so still advised.
4.This Writ Petition is disposed of accordingly. No costs.
