R.Nachimuthu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2026 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN R.Nachimuthu S/o. Ramasamy Door No.15/86, Thazhaikarai Nallimadam Post, Dharapuram Taluk Sakarandampalayam Tiruppur-638 706 Petitioner(s) Vs

1. The District Collector Tiruppur District Tiruppur.

2. The Tahsildar Dharapuram Taluk

3. The Divisional Executive Engineer Public Welfare Department Dharapuram Taluk

4. The Block Development Officer Kundadam Village, Dharapuram Taluk

5. Sugumar S/o.Palaniyappan Thalakarai, Vadugapalayam Village Sakarandampalayam Respondent(s) Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 4 to survey and remove the encroachment made in the "Panchayat well" situated in Government Poramboke land in Survey Nos.1784/8 at Thalakarai Village Nallimadam Post, Dharapuram Taluk, Tiruppur District and to bring the land to its original form by considering the petitioner's representations dated 05.08.2024. For Petitioner(s):

Mr. S.Arunprasath For Respondent(s):

Mr. E.Vijay Anand Additional Government Pleader for R1 to R4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) From the material on record, it is found that even though the Tahsildar, after conducting survey and having found encroachment on the community well, forwarded the report for necessary action to the Block Development Officer way back on 16.06.2023, according

to petitioner, till date, the community well is still under the encroachment of private respondent.

2. The District Collector, Tiruppur District is directed to ensure that the enquiry, initiated on the basis of memo dated 16.06.2023 of Tahsildar, is brought to its logical end one way or other, if already not concluded, within a period of three months and the community well is secured for public use. We make it clear that if there is any other order passed by any Court of law or an authority on any petition filed by private respondent, parties would be at liberty to apply for review.

3. Petition is disposed of. There shall be no order as to costs. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 20.02.2026 Index :

Yes/No Yes/No kpl

To

1. The District Collector Tiruppur District Tiruppur.

2. The Tahsildar Dharapuram Taluk

3. The Divisional Executive Engineer Public Welfare Department Dharapuram Taluk

4. The Block Development Officer Kundadam Village Dharapuram Taluk

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(kpl) 20.02.2026