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2026 Supreme(Online)(Mad) 36819

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
Mohanambal W/o. Sakthivel – Appellant
Versus
The District Collector Cuddalore District – Respondent
WP Nos. 50406 & 50408 of 2025 and WMP Nos. 56420 & 56421 of 2025



Advocates:
For the Petitioners: Mr.K.J. Sivakumar
For the Respondents: Mr. T.Arun Kumar Addl.Govt.Pleader for R1 to R4

Encroachments on water bodies must be removed following due procedures to protect public interest; eligible landless poor may seek alternate accommodation under government welfare schemes.

Headnote:(A) Government Welfare Schemes through TamilNadu Urban Habitat Development Board - Encroachments in water body - Notice for removal issued - Request for alternate accommodation - Eligible landless poor encroachers may apply for alternate tenament or plot under welfare schemes - Encroachments in water body to be removed following procedures under relevant statutes and rules to protect public interest. (Paras 1 to 6)

Facts of the case:
Encroachments identified in water body; notice for removal issued; encroachers requested alternate accommodation; representations made for issuance of free house site patta in alternative site.

Findings of Court:
Authorities directed to remove encroachers from water body following procedures within twelve weeks; eligible encroachers at liberty to apply under welfare schemes for alternate accommodation.

Issues: Direction to consider representations for issuance of free house site patta in alternative site.

Ratio Decidendi: Water bodies to be protected in public interest; encroachments therein must be removed per procedures; provision of alternate accommodation possible under schemes for eligible landless poor.

Result: Writ petitions disposed of with directions. No costs.

Table of Content
1. encroachments identified in water body; removal notice issued. (Para 2)
2. eligible encroachers may seek alternate housing under schemes. (Para 3)
3. water body encroachments must be removed within 12 weeks. (Para 4 , 5)

(Order of the Court was made by S.M.Subramaniam J.)

The facts stated in the affidavit filed in support of the writ petitions as well as the representations sent by the petitioners would show that encroachments are identified in water body.

2. Notice for removal of encroachments was issued by the authorities.

The encroachers made a request to allot an alternate accommodation.

3. It is needless to state that eligible landless poor encroachers may be provided with an alternate accommodation under the Government Welfare Scheme through TamilNadu Urban Habitat Development Board. The eligible encroachers are at liberty to submit an application seeking allotment of tenament or plot, as the case may be, under any one of the welfare scheme. The authorities shall consider their case, based on the terms and conditions stipulated under the Scheme.

4. As far as the encroachments in the water body is concerned, it is to be removed by following the procedures and the water body is to be protected for the public interest.

5. Therefore, the authorities are directed to remove the encroachers in the water body by following the procedures as contemplated under the relevant statutes and rules. The said exercise is directed to e completed within a period of twelve weeks from the date of receipt of a copy of this order. 6. With the above directions, the Writ Petitions are disposed of No costs. Consequently, connected miscellaneous petitions are closed.

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