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2026 Supreme(Online)(Mad) 39285

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R. Swaminathan, B. Pugalendhi, JJ
Poosaipandian – Appellant
Versus
District Collector – Respondent
W.P.(MD)No.8957 of 2026



Advocates:
For Petitioner: Mr.P.Ponraj
For Respondents:Mr.S.Vinodh, Government Advocate for R-1 to R-4

Water bodies classified as sarkar poramboke must retain original character; encroachments and tree cultivation prohibited, requiring removal and restoration.

Headnote:Under Article 226 of the Constitution of India, the petitioner sought a writ of mandamus directing authorities to remove encroachments from a water stream classified as sarkar poramboke odai in specified survey numbers. The court noted the government's concession that private respondents were cultivating lemon and coconut trees on the land. The court determined that the character of the water body must be preserved, prohibiting such cultivation. The primary issue was whether encroachments on government poramboke water body land could be permitted. The ratio decidendi holds that the original character of water bodies must be maintained, and encroachments including tree cultivation thereon are impermissible, requiring restoration. The writ petition was allowed, directing the Tahsildar to issue notices, conduct enquiry, remove encroachments, and restore the water body within five months.

Table of Content
1. hearing parties and dispensing notice to private respondents. (Para 2)
2. petitioner alleges encroachments on sarkar poramboke odai with tree cultivation. (Para 3 , 4)
3. prohibit encroachments on water bodies and direct restoration within five months. (Para 5)

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Government Advocate appearing for the respondents

1 to 4.

2. Issuance of notice to the respondents 5 to 9 is dispensed with.

3. The writ petitioner is a resident of Talaivankottai Village in Kadaiyanallur Taluk. He alleges that in the petition mentioned survey numbers, there are encroachments.

4. When the matter was taken up for hearing, the learned Government Advocate on written instructions from the Tahsildar, Kadaiyanallur Taluk submitted that the petition mentioned survey numbers have been classified as “sarkar poramboke odai”. It is further conceded that the private respondents herein Marithai and Madasamy are cultivating and growing lemon trees and coconut trees.

5. We make it clear that the character of the water body has to be maintained as such and such cultivation and growing of trees cannot be permitted. We direct the third respondent to issue notices to the private respondents as well as the said Marithai and Madasamy and hold enquiry and remove the encroachments. The original character of the water body shall also be restored. This exercise shall be completed within a period of five months from the date of receipt of a copy of this order. This writ petition stands allowed accordingly. No costs.

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