Back
2026 Supreme(Online)(Mad) 36865
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
P.Manivannan – Appellant
Versus
The District Collector – Respondent
W.P.No.39433 of 2025
For Petitioner: Mr.s.Madhusudanan
For Respondents: Mr.T.Arunkumar Additional Government Pleader for R1 to R3
Revenue authorities must remove water body encroachments, cancel violating 2C pattas, and restore possession within timelines.
Headnote:The petitioner sought a writ of mandamus under Article 226 of the Constitution directing authorities to remove waste plants from a water body and take action against encroachers. Court noted identification of encroachments in water body, including by 2C patta holders, empowering revenue authorities to cancel pattas and resume property. Directions issued to initiate enforcement action to remove encroachers, protect trees, and take possession per relevant statutes and rules. Issue framed as directing removal of encroachments from water body and action against violators. Ratio: Encroachments in water bodies require enforcement action by authorities, with power to cancel 2C pattas upon violation, following due procedures. Writ petition disposed of with directions to complete action within twelve weeks; no order as to costs.
| Table of Content |
|---|
| 1. encroachments in water bodies identified, including 2c patta violations. (Para 1) |
| 2. direct enforcement to remove encroachers and restore water body possession. (Para 2) |
O R D E R
[Made by S.M.SUBRAMANIAM, J., With reference to the relief sought for in the present writ petition, the learned Additional Government Pleader would submit that the authorities have identified encroachment in a water body. He would further submit that some persons, who have been granted 2C pattas, have also encroached upon the water body. In the event of violating conditions under 2C patta, then the revenue authorities are empowered to resume the property by cancelling the 2C patta.
2. In the present case, the encroachments are in water body. That being the factum, the official respondents are directed to initiate enforcement action to ensure that the encroachers in the water body are removed and the trees planted are protected and taken possession by the competent authorities by following procedures as contemplated under the relevant Statute and Rules. Such exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.
