Saravanan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-04-2026

CORAM

THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN AND WMP NO. 7971 OF 2025 Saravanan S/o.Munirathinam, Kanavai Mottur Village, Kallapadi Post, Gudiyatham Taluk, Vellore District ..Petitioner(s) Vs

1. The District Collector Vellore District.

2. The Joint Director Planning Director, District Rural Development Office, Vellore District.

3. The Block Development Officer (village Panchayats), Gudiyatham Panchayat Union, Vellore District.

4. The President Kallapadi Panchayat, Gudiyatham Union, Vellore District ..Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1 to 4 respondents to consider petitioner representation dated 1.2.2025 consequently direct the respondents to remove the encroachments in S.No.452 and S.No.443/2 in Kallapadi village, Vellore District.

For Petitioner :

Mr. S.N.Subramani For Respondents :

Mr. A.Edwin Prabakar State Government Pleader for R1 to R3.

Order (Order of the Court was made by The Chief Justice) The present writ petition styled as a Public Interest Litigation has been filed seeking a direction to the respondents 1 to 4 to consider the petitioner's representation dated 01.02.2025 and consequently direct the respondents to remove the encroachments in S.No.452 and S.No.443/2 in Kallapadi Village, Vellore District.

2. The respondents have filed a counter affidavit clarifying that, now there is no encroachment over the said survey numbers. Para 8 of the counter affidavit is extracted below:

" It is most humbly submitted that, subsequent to the survey and measuring the property it was found that there was an encroachment of the construction to an extent of 10 feet in a water body. The Taluk Surveyor marked the point from which the encroachment begins and

immediately thereof, upon learning about the encroachment of 10 feet, immediate actions were taken to and encroached portion of 10 feet in the panchayath building in S.F.No.452 had been removed in the presence of the Village Administrative Officer, Deputy Tahsildar and the Taluk Surveyor. Upon demolishing the encroached part of the construction, the Taluk Surveyor has resurveyed and remeasured the property and the Taluk Surveyor had reported that the encroachment in water body has been properly removed and there is no encroachment in S.F.No.452 and now the entire construction currently lies within S.F.No.453/2 to an extent of 0.0096 Sq.Mts.

3. In view of the aforesaid statement made by the third respondent on affidavit, we find that part of the encroachments over the water body has already been removed and there is no encroachment in S.F.No.452 and that now the entire construction lies within S.F.No.453/2 to an extent of 0.0096 Sq.Mtrs, which is not a water body.

4. Accordingly, the writ petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

(SUSHRUT ARVIND DHARMADHIKARI, C.J.) (G.ARUL MURUGAN J.) 20-04-2026 Index: Yes/No Speaking/Non-speaking order KST

To

1. The District Collector Vellore District.

2. The Joint Director Planning Director, District Rural Development Office, Vellore District.0

3. The Block Development Officer (village Panchayats), Gudiyatham Panchayat Union, Vellore District

4. The President Kallapadi Panchayat, Gudiyatham Union, Vellore District

SUSHRUT ARVIND DHARMADHIKARI, C.J.

AND G.ARUL MURUGAN J.

KST AND WMP NO. 7971 OF 2025 20-04-2026