2026 Supreme(Online)(Mad) 47704
IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE G.R.SWAMINATHAN
R.Azhagappan – Appellant
Versus
The District Collector – Respondent
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1 W.P.(MD)NO.9131 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.9131 of 2026
R.Azhagappan, S/o.A.Ramaiah,
President, PAM-023, Seeratha Kanmai-
Maanam Periyaan Kanmai-
and Nanga Kanmai, Water Users Association,
Seerathkudi Village, Thirumayam Taluk,
Pudukkottai District – 622 503. ... Petitioner
Vs.
1. The District Collector, Pudukkottai District,
Pudukkottai.
2. The Assistant Director (Village Panchayat), Pudukkottai District, Pudukkottai District.
3. The Block Development Officer, Thirumayam Panchayat Union,
Thirumayam, Pudukkottai District.
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4. The Special Officer, Neivasal Village Panchayat,
Thirumayam Taluk, Pudukkottai District.
5. The Tahsildar, Thirumayam Taluk Office,
Thirumayam, Pudukkottai District. ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India, issuing a Writ of Mandamus, directing the third respondent to remove all the encroachments identified in the water body called “Thaazhankanmai” (jhoq;fz;kha;) situates in S. No.127/3, Neivasal Village, Thirumayam Taluk, Pudukkottai District and to restore the water body in its original structure as found in the
revenue records.
For Petitioner : No appearance.
For Respondents : Mr.G.V.Vairam Santhosh, Additional Government Pleader
for R-1, R-2 & R-5.
Mr.C.Venkatesh Kumar, Special Government Pleader for R-3 & R-4.
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O R D E R
None appears for the petitioner.
2. We went through the affidavit filed in support of the writ
petition. The petitioner Association seeks removal of the encroachments in survey No.127/3 in Neivasal Village, Thirumayam
Taluk.
3. The learned Additional Government Pleader on written
instructions from the Tahsildar, Thirumayam Taluk concedes that survey No.127/3 has been classified as water body. It measures an extent of 16.30.5 Hectares. He states that no developmental activities had taken place in the form of construction. But, it appears that some private individuals are carrying out agricultural activities in the said survey number. Even such activities cannot be permitted in the water
body.
4. We, therefore, direct the fifth respondent to immediately
conduct survey after issuing notices to the concerned individuals.
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Enquiry shall be held and the petition mentioned water body shall be restored to its original condition and all the encroachments found therein shall be removed by following due process of law. This exrecise shall be completed within a period of five months from the date of receipt of a copy of this order. This writ petition stands
disposed of accordingly. 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, Pudukkottai District, Pudukkottai.
2. The Assistant Director (Village Panchayat), Pudukkottai District, Pudukkottai District.
3. The Block Development Officer, Thirumayam Panchayat Union,
Thirumayam, Pudukkottai District.
4. The Special Officer, Neivasal Village Panchayat,
Thirumayam Taluk, Pudukkottai District.
5. The Tahsildar,
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Thirumayam Taluk Office, Thirumayam, Pudukkottai District.
G.R.SWAMINATHAN,J.
AND B.PUGALENDHI, J.
PMU
W.P.(MD)No.9131 of 2026
02.04.2026
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