Madras High CourtWP/6554/2026disposed of

K.K.Babu v. The Secretary

2026-03-23Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-03-2026

CORAM

THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN K.K.Babu S/o.Kuppuswami No.11/7, Uci Maniyakarar Street, Kallur village and Post, Gudiyatham Taluk, Vellore District- 632 601.

..Petitioner(s) Vs

1. The Secretary Water Resources Department, Government of Tamil Nadu, Secretariat, Chennai-09.

2. The District Collector Collectorate, Vellore District- 632 009.

3. The Revenue Divisional Officer Gudiyatham Division, Vellore District-632 602.

4. The Tahsildar Taluk Office, Gudiyatham Taluk, Vellore District-632 602.

5. The Block Development Officer (BDO) Gudiyatham Panchayat Union, Vellore District-632 602.

6. The Assistant director (Rural Development) Block Development Office,Gudiyatham Block, Vellore District-632 602.

7. The Village Administrative Officer Kallur Village, Gudiyatham Taluk, Vellore District-632 601.

8. E.Karim No.353, Srinivasan Nagar, Kallur Village, Seevoor Post, Gudiyatham Taluk, Vellore District-632 601.

..Respondent(s) Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 7 to a) Directing respondents 1 to 7 to evict the illegal encroachment made by the 8th respondent over the Kasakalvai/ water - Storing pond situated in Survey No.291, measuring an extent of 74.5 Ares, located in Seevoor Village, Gudiyatham Taluk, Vellore District. b) Directing the respondents 1st to 7th to restore and restructure the water storing pond in survey No.291 to its Original depth, width, alignment and water- storage capacity, ensuring that the natural inflow of water from Pakkam Lake is fully revived.

For Petitioner :

Mr. Rajkumar.J.

For Respondents :

Mr.M.Habeeb Rahman Government Advocate For R1 To R7.

Order (Order of the Court was made by The Chief Justice) Heard learned counsel for the parties.

2. The present writ petition, styled as public interest litigation, under Article 226 of the Constitution of India has been filed seeking a direction to the respondents 1 to 7 to evict the illegal encroachment made by the 8th respondent over the Kasakalvai/ water - Storing pond situated in Survey No.291, measuring an extent of 74.5 Ares, located in Seevoor Village, Gudiyatham Taluk, Vellore District and directing the respondents 1 to 7 to restore and restructure the water storing pond in survey No.291 to its Original depth, width, alignment and water- storage capacity, ensuring that the natural inflow of water from Pakkam Lake is fully revived

3. Learned counsel for the petitioner submitted that, there are encroachments on the water bodies which ought to have been removed.

4. Learned Government Advocate, on written instructions, submitted that the revenue officials have inspected the property in S.No.291/1, which is a Government Poramboke and measured the same with the help of Taluk Surveyor and Firkha Surveyor and found that there are four encroachers, including the petitioner, as listed below:

S.No.

Survey No.

Encroachers Extent of encroachment Nature of encroachment 1.

291/1 Mr.Babu S/o Kuppusamy (Petitioner in Writ Petition) 0.02.0 Ares Agricultural land 2.

291/1 Mr.Viswanathan and 9 others 0.09.0 Ares Agricultural land 3.

291/1 Tmt.Janaki Ammal and another 0.05.0 Ares 7 Coconut trees 4.

291/1 Mr.Hayath Basha and 2 Others 0.03.5 Ares House site, Well and Construction

5. It is further submitted that, in order to remove the above encroachments, notices are being issued to the encroachers and thereafter appropriate proceedings would be initiated to remove the encroachment over the water bodies situated at Survey No.291/1.

6. In view of the aforesaid submissions, the fourth respondent Tahsildar is directed to take action against the encroachers under the Land Encroachment Act and proceed in accordance with law, as expeditiously as possible, within a period of twelve (12) weeks from today.

7. The writ petition is disposed of accordingly with the aforesaid directions. There shall be no order as to costs. (SUSHRUT ARVIND DHARMADHIKARI, C.J.) (G.ARUL MURUGAN J.) 23-03-2026 Index: Yes/No Speaking/Non-speaking order KST To

1. The Secretary to Government Water Resources Department, Government of Tamil Nadu, Secretariat, Chennai-09.