2026 Supreme(Online)(Mad) 103156
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice S. M. SUBRAMANIAM
ILIYARANI – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-10-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN WP No. 49319 of 2025 CNR: {HCMA013039472025}
Iliyarani, W/o. Sekar, Semberi Village, Tittagudi Taluk, Cuddalore District-606 105.
..Petitioner(s)
Vs
1. The District Collector, Cuddalore District, Cuddalore.
2. The Revenue Divisional Officer, Virudhachalam, Cuddalore District.
3. The Thasildar, Tittagudi Taluk, Cuddalore District-606105.
4. The Assistant Executive Engineer, Public Works Department, Virudhachalam, Cuddalore District. 5. The Block Development Officer, Nallur, Veppari Taluk, Cuddalore District.
6. Krishnamoorthy, S/o. Thangarasu, Semberi Village, Pennadam Post, Tittagudi Taluk, Cuddalore District. -606 105.
7. Padma, W/o. Krishnamoorthy, Semberi Village, Pennadam Post, Tittagudi Taluk, Cuddalore District -606 105.
##PAGE2##8. Vel, S/o. Govindharasu, Semberi Village, Pennadam Post, Tittagudi Taluk, Cuddalore District. -606 105.
9. Kumar, S/o. Govindarasu, Semberi Village, Pennadam Post, Tittagudi Taluk, Cuddalore District -606 105.
..Respondent(s)
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of writ of mandamus, directing the respondents to consider the petitioner’s representation dated 12.10.2025 and take appropriate action to remove encroachment done by the respondents 6 to 9 in Government Poromboke Water Canal situated in Survey No.125/2, Semberi Village, Thittagudi Taluk, Cuddalore District within a stipulated time.
For Petitioner(s): Ms.S.Sriranjini for Mr. B.Karthik For Respondent(s): Mr.B.Sivakollappan Additional Government Pleader for R1 to R4 Ms.S.Thamizharasi for R6 to R9 R5 – No Appearance
ORDER
(Order of the Court was made by S.M.Subramaniam J.)
With reference to the relief sought for in the present writ petition seeking removal of encroachment, the Tahsildar, Thittagudi has filed a counter affidavit stating that there is no encroachment identified. Paragraph 5 & 6 of the said counter affidavit reads as under:
##PAGE3##“5. It is submitted that on receipt of a copy of the affidavit in the above Writ Petition, this respondent immediately directed the Firka Surveyor, Pennadam to personally inspect the land and to conduct a survey and submit a detailed report. It is submitted that the Firka Surveyor after conducting a survey, sent a report on 23.02.2026 stating that there is no encroachment by any individual persons by raising crops or building constructions or dumping mud in the said Vaikkal Poramboke. However, the Firka Surveyor had stated that there are 17 Coconut trees on both side of the banks of the said Vaikkal and there is no hindrance for free flow of water in the said Vaikkal and the Public Works Department, coconut trees are coming under the control of Public Works Department.
6. It is submitted that on receipt of the report of the Firka Surveyor, Pennadam, this respondent instructed the Assistant Executive Engineer, Public Works Department, Pelandurai vide Lr.Na.Na.Ka.B1/337/2026 dated 08.08.2026 to inspect the said Vaikkal and take action to maintain the Vaikkal without any encroachments by any individuals.”
2. In view of the above factum stated in the counter affidavit, no further adjudication is required in the matter. Accordingly, this Writ Petition stands dismissed. No costs.
(S.M.S.,J.) (R.R.V.,J.)
05-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KKN To
##PAGE4##1. The District Collector, Cuddalore District, Cuddalore.
2. The Revenue Divisional Officer, Virudhachalam, Cuddalore District.
3. The Thasildar, Tittagudi Taluk, Cuddalore District-606105.
4. The Assistant Executive Engineer, Public Works Department, Virudhachalam, Cuddalore District. 5. The Block Development Officer, Nallur, Veppari Taluk, Cuddalore District.
##PAGE5##S.M.SUBRAMANIAM, J.
AND R.RAJESH VIVEKANANTHAN, J.
KKN
05-10-2026