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2026 Supreme(Online)(Mad) 47456
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R. Swaminathan, B. Pugalendhi, JJ
J. Sundararajan – Appellant
Versus
District Collector – Respondent
W.P.(MD)No.12992 of 2026
For the Appellants/Petitioners: V. Janakiramulu
For the Respondents: C. Venkatesh Kumar
State authorities are legally obligated to protect existing classified water bodies from further encroachment and must take proactive steps to maintain their integrity, regardless of prior historical developments concerning land classification.
Headnote:The petitioner filed a writ petition under Art. 226 of the Constitution of India seeking the removal of encroachments upon a water body, designated as Kalthachan Oorani, situated in Thoppur Village. The petitioner contended that the land, originally measuring 7 acres and 50 cents, had been subjected to significant encroachment. The Respondents argued that currently, only a specific portion of the land is classified as a water body and noted that historic developments could not be reversed. The primary issue before the court was whether it could issue a writ of mandamus to restore the encroached water body to its original status. The court held that while it could not undo developments that occurred several decades ago, it must ensure the protection of current water bodies. Citing principles against issuing pattas for water bodies post-2000, the court emphasized the state's duty to protect existing water resource markers. The writ petition was disposed of with directions to the respondents to ensure the protection of the existing water body classification and to explore restoration of the inlet markers.
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| 1. state obligation to prevent encroachment on existing classified water bodies. (Para 2 , 3 , 4) |
ORDER
Heard both sides.
2. The petitioner is a resident of Thirupparankundram. According to him, the water body known as Kalthachan Oorani originally measuring about 7 acres and 50 cents located in Thoppur village has been considerably encroached upon. He wants the original position to be restored.
3. When the matter was taken up for hearing, the learend Special Government Pleader pointed out that at present, S.No.71/4 alone has been classified as water body. What the petitioner stated can as well be considered. We cannot undo the development that had taken place several decades ago. This Court vide order dated 07.03.2024 in W.P.(MD)Nos.31214 of 2023 had held that pattas cannot be issued in respect of the water bodies after 01.01.2000.
4. We direct the respondents to ensure that S.No.71/4, Kalthachan Oorani is maintained as such without any further encroachments. The respondents shall also take steps to locate its inlet and also endeavor to restore the original position. It appears that the tank vests with the local body. Since the District Collector has been impleaded as the first respondent, there is no need to implead the local body. This order would bind the jurisdictional RDO as well as the local body. The Writ Petition is disposed of accordingly. No costs.
