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1 W.P.(MD)NO.8966 OF 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2026

CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

AND THE HON'BLE MR.JUSTICE B.PUGALENDHI

W.P.(MD)No.8966 of 2026

Hebsybai ... Petitioner

Vs.

1. The District Collector / Monitoring Committee, Nagercoil,

Kanyakumari District.

2. The Tahsildar, Agastheeshwaram Taluk,

Kanyakumari District.

3. The Executive Engineer, Water Resources Department(WRD),

Kothaiyaru Drainage Basin Division, Nagercoil.

4. The Executive Engineer, Public Works Department,

Nagercoil, Kanyakumari District.

5. Latha ... Respondents

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2 W.P.(MD)NO.8966 OF 2026

Prayer: Writ petition filed under Article 226 of the Constitution of India, issuing a Writ of Mandamus, to direct the respondents 1 to 4 to remove the illegal encroachment made by the fifth respondent in the public water channel namely Puthanaru Kalvaai situated in survey No.15, Kottaram West Village, Agastheeshwaram Taluk, Kanyakumari District by considering the petitioner's representation dated 10.02.2026 within the time

stipulated by this Court.

For Petitioner : Mr.K.Muthurakkan

For Respondents : Mr.C.Venkatesh Kumar, Special Government Pleader for R-1 to R-4.

* * *

O R D E R

Heard the learned counsel appearing for the writ petitioner

and the learned Special Government Pleader appearing for the

respondents 1 to 4.

2. Issuance of notice to the fifth respondent is dispensed with.

3. The writ petitioner is a resident of Vaikundapathi Village,

Kottaram, Agastheeshwaram Taluk, Kanyakumari District. She alleges

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3 W.P.(MD)NO.8966 OF 2026

that in the public water channel, namely, Puthanaru Kalvaai situated in survey No.15 of Kottaram Village, there are encroachments and

that the same have to be removed.

4. When the matter was taken up for hearing, the learned

Special Government Pleader on instructions from the Junior Engineer(WRD), Mayiladi submitted that the Tahsildar, Agastheeshwaram Taluk had already been requested to conduct

survey and issue Form-I notice.

5. We, therefore, direct the second respondent herein to

conduct survey after issuing notices to all the persons interested in respect of the petition mentioned survey number. Form-I notice shall also be issued. Based on the same, the third respondent is directed to take action under the provisions of the Tamil Nadu Protection of

Tanks and Eviction of Encroachment Act, 2007.

6. We make it clear that notices will have to be issued to all the

persons concerned and equiry has to be conducted. The encroachments in question have to be removed by following due

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4 W.P.(MD)NO.8966 OF 2026

process of law and the original position of the petition-mentioned channel has to be restored. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of

this order. This writ petition stands allowed. No costs. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.)

02.04.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No

PMU

To:

1. The District Collector / Monitoring Committee, Nagercoil,

Kanyakumari District.

2. The Tahsildar, Agastheeshwaram Taluk,

Kanyakumari District.

3. The Executive Engineer, Water Resources Department(WRD),

Kothaiyaru Drainage Basin Division, Nagercoil.

4. The Executive Engineer, Public Works Department,

Nagercoil, Kanyakumari District.

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5 W.P.(MD)NO.8966 OF 2026

G.R.SWAMINATHAN,J.

AND B.PUGALENDHI, J.

PMU

W.P.(MD)No.8966 of 2026

02.04.2026

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