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2026 Supreme(Online)(Mad) 32784

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
S.Alphonsal – Appellant
Versus
The District Collector, Collectorate, At Nagercoil, Kanyakumari District. – Respondent


Advocates:
For the Appellants/Petitioners: Mr.S.C.Herold Singh
For the Respondents: Mr.J.Ashok (R1, R2 & R4), Mr.P.Athimoola Pandian (R3)

Table of Content
1. writ petition admitted for final disposal by consent. (Para 1 , 2 , 3)
2. encroachment on perennial waterbody and public road. (Para 4 , 5)
3. direct survey, hearing, remove encroachment if found. (Para 7 , 8)

The petitioner has filed the present Writ Petition seeking a direction to the respondents 1 to 4 to reclassify the property in Survey No.

10263 of Colachel ‘A’ Village as “River Channel Poromboke” and to remove the encroachment made on the said water body, by considering the petitioner’s representation dated 19.03.2026.

2.By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3.Mr.J.Ashok, learned Additional Government Pleader, accepts notice for the respondents 1, 2, and 4, and Mr.P.Athimoola Pandian, learned counsel, accepts notice for the third respondent. Considering the limited relief sought for by the petitioner, notice to the fifth respondent is dispensed with.

4.It is the contention of the petitioner that the only access to the Colachel–Simon Colony Road for the local residents is through a recently laid municipal interlocking road known as “Vaikaal Road,” which has been in use from time immemorial and

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