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2026 Supreme(Online)(Mad) 39157
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R. Swaminathan, R. Poornima, JJ
Dharmaraj – Appellant
Versus
District Collector, Trichy District, Trichy – Respondent
W.P(MD)No.411 of 2022
For the Appellants/Petitioners: Mr.K.Arunraj
For the Respondents: Mr.G.V.Vairam Santhosh Additional Government Pleader for R.1 to R.3
Mandamus issued to remove encroachment from government water body after due notice, considering senior citizen occupant.
Headnote:The petitioner invoked Article 226 seeking mandamus to remove encroachment on government poramboke inland waterway classified as water body in Survey No.22. Court directed authorities to clear encroachment after notice. Alternative arrangements considered for senior citizen occupant. Issue framed as directing removal of encroachment on water body with due process. Ratio: Authorities conceded survey number as water body; eviction requires notice and legal process, accommodating senior citizen needs. Writ petition allowed; third respondent to clear encroachment within four months.
| Table of Content |
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| 1. petitioner's allegation of encroachment on water body conceded by authorities. (Para 1 , 2) |
| 2. direct eviction after notice with senior citizen accommodations. (Para 3) |
(Order of the Court was made by G.R.Swaminathan J.)
Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 3. Considering the nature of relief to be granted, issuance of notice to the respondents 4 and 5 is dispensed with.
2.The writ petitioner is a resident of Kottaikaranpatti. He alleges that in Survey No.22, there is encroachment. It is conceded by the authorities that the said survey number has been classified as “water body”.
3.We direct the third respondent to issue notice to the occupants in question and clear the encroachment by adopting due process of law. It appears that the occupant is a senior citizen. Alternative arrangements can be made for her. In any event, the entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order.
