S.Venkatraman v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-09-2025
CORAM
THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR S.Venkatraman S/o.Samidurai, Melatheru, Vadugakudi, Sarapojirajapuram Post, Poonthottam Via, Kudavasal Taluk, Tiruvarur District.
..Petitioner Vs
1. The District Collector Tiruvarur District, Tiruvarur.
2. The Revenue Divisional Officer Tiruvarur.
3. The Tahsildar Kudvasal Taluk, Kudavasal Town, Tiruvarur District.
4. The Block Development Officer, Kudavasal, Tiruvarur District.
5. Parasuraman S/o.Sethu, Mariamman Koil Street, Vadugakudi, Sarapojirajapuram Post, Poonthottam Via, Kudavasal Taluk, Tiruvarur District.
..Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 2 to 4 to remove the encroachment made by the 5th respondent in water tank,
comprised in survey No.65/1, situated at Vadugakudi Village, Kudavasal Taluk, Tiruvarur District, within a stipulated time. For Petitioner :
Ms.B.Yoga Priya For Respondents :
Mr.D.Ravichandar, Special Government Pleader - for RR 1 to 3 Mr.E.Vijay Anand Additional Government Pleader - for R4 R5 - Notice dispensed with
ORDER
(Order of the Court was made by R.Suresh Kumar J.) The prayer sought for herein is for the issuance of a Writ of Mandamus directing the respondents 2 to 4 to remove the encroachment made by the 5th respondent in water tank, comprised in survey No.65/1, situated at Vadugakudi Village, Kudavasal Taluk, Tiruvarur District, within a stipulated time.
2. In S.No.65/1 situated at Vadagukadi Village, Kudavasal Taluk, Thiruvarur District, there has been an encroachment by the fifth respondent by putting up some construction and it has subsequently been identified as Government Kuttai / Kulam (Tank). If that being so, such kind of encroachment has to be removed and in this regard, the petitioner has given a representation on 04.03.2025 as he is one of the Ayacutdars of the
said Tank. The same since has not been considered, the petitioner has filed the present writ petition.
3. Heard the learned counsel for the petitioner, learned Special Government Pleader for the respondents 1 to 3 and the learned Additional Government Pleader for the fourth respondent. In view of the order that is going to be passed, notice to the fifth respondent is hereby dispensed with.
4. It is submitted by the learned Government Pleaders appearing for the respondents that, the survey has disclosed that the land in which such an encroachment is made by the fifth respondent is a Government Tank Poramboke land and when that being so, appropriate action would be initiated by the Tahsildar under the Land Encroachment Act and accordingly needful action would be undertaken by them as per the time line stipulated by this Court.
5. Considering the submissions made by both sides, especially the submission made by the learned Government Pleaders appearing for the respondents, this writ petition is disposed of with a direction to the respondents 2 and 3 to take necessary action under the provisions of Act 3
of 1905 for giving notice to the fifth respondent and, if there is any encroachment in the Government land, that too in the water body, the same shall immediately be removed. The needful action shall be taken after giving only notice to the fifth respondent within a period of two months from the date of receipt of a copy of this order.
6. With the above direction, this writ petition is disposed of. No costs.
(R.S.K.,J.) (H.C.,J.) 19-09-2025 Index: Yes/No Speaking/Non-speaking order KST
To
1. The District Collector Tiruvarur District, Tiruvarur.
2. The Revenue Divisional Officer Tiruvarur.
3. The Tahsildar Kudavasal Taluk, Kudavasal Town, Tiruvarur District.
4. The Block Development Officer, Kudavasal, Tiruvarur District.
R.SURESH KUMAR, J.
AND HEMANT CHANDANGOUDAR, J.
KST WP No. 34492 of 2025 19-09-2025