Courts direct removal of encroachments on public waterbodies after due process, excluding other land classifications.

Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondent Nos.3 and 4 herein to remove the encroachments made by respondents 5-20 in the lands in S.F.Nos.99/1, 104 and 105 situated in Shoolagiri Village, Shoolagiri Taluk, Krishnagiri District as per the report of the 2nd respondent in Na.Ka.420/2025/A1 dated 08.03.2025 within the time period to be stipulated by this Hon’ble court.

For Petitioner: Mr.Siddarth Sridhar For Respondents: Mr. K.Karthik Jagannath Government Advocate for R1 to R4 ORDER (Order of the Court was made by the Hon'ble Chief Justice)

This writ petition filed under Article 226 of the Constitution of India seeks a direction to respondent Nos.3 and 4 to remove the encroachments made by respondent Nos.5 to 20 in the lands in S.F.Nos.99/1, 104 and 105 situated in Shoolagiri Village, Shoolagiri Taluk, Krishnagiri District as per the report of the second respondent dated 8.3.2025.

2. The case of the petitioner is that, as per the revenue records, S.F.No.99/1 is classified as Grama Natham and S.F.Nos.104 and 105 are classified as Vari Poramboke (waterbody). The private respondents have encroached upon the said lands. In this regard, the petitioner has submitted a representation to the District Collector on 23.12.2024 seeking action for removal of encroachments made by the private respondents. Pursuant to the representation, the Tahsildar, by a communication dated 8.3.2025, directed respondents 3 and 4 to remove the private respondents from the subject lands. Despite the above said proceedings, no effective action has been taken by the respondents. Hence, the petitioner has filed the present writ petition.

3. From the records, it is seen that only Survey Nos.104 and 105 are waterbody. A survey has been conducted by the Tahsildar, Soolagiri and encroachers have been identified and list has also been sent to the Water Resources Department to initiate action against the encroachers.

4. At this juncture, learned State counsel submitted that the encroachments identified on the waterbody shall be removed after following due process of law.

5. Recording the statement made by learned State counsel, we dispose of the writ petition with a direction to the respondent authorities to remove the encroachments made on the waterbody in question, after following due process of law, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. As the petitioner has restricted his prayer only with regard to encroachments on water body in S.F.Nos.104 and 105, we are not issuing any direction in respect of S.F.No.99/1, which is classified as grama natham.