Pothumani v. The Sub Collector / Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.3706 of 2026 Pothumani ... Petitioner Vs.

1.The Sub Collector / Monitoring Committee, O/o Sub Collector, Periyakulam, Theni District.

2.The Tahsildar, O/o Tahsildar, Theni.

3.The Block Development Officer, O/o Block Development Officer, Theni Panchayat, Theni.

4.Natchimuthu Gounder 5.Karuppanasamy 6.Alagarsamy 7.Chellammal 8.Sornam 1/5

9.Mahesh Kumar 10.Sivakumar ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 3 to remove the encroachment made by the respondents Number 4 to 10 herein the Government poramboke Water body stream comprised in Survey No.188, an extent of 0.50.0 Ares (1 Acre and 23 Cents) situated at Veerachinnammalpuram, Koduvilarpatti Revenue Village, Theni Taluk and District based on the letter issued by the 2nd respondent to the 3rd respondent vide his proceedings Na.Ka.No. 4093/2022/A12 dated 03.10.2022 and based on the petitioners representation dated 16.12.2025 submitted to the respondents within the time frame that may be stipulated by this Court.

For Petitioner :Mr.R.Murugan For Respondents :Mr.S.Vinodh Government Advocate for R1 to R3

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for R1 to R3. Issuance of notice to R4 to R10 is dispensed with.

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2. The petitioner is a resident of Veerachinnammalpuram. He alleges that in Survey No.188, there are encroachments.

3. The learned Government Advocate produced the copy of the "A" Register. It is seen therefrom that Survey No.187 as well as Survey No.188 have been classified as channels (odai).

4. In this view of the matter, we direct the second respondent to conduct survey. Notice shall be given to all the interested persons & encroachers before conducting survey. If the survey results indicate that there are encroachments in the water body, the same shall be removed. All the encroachers shall not only be put on notice but also given due opportunity. All the encroachments shall be cleared within a period of four months from the date of receipt of a copy of this order.

5. The Writ Petition is disposed of. No costs. [G.R.S., J.] [B.P., J.] 12.02.2026 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi 3/5

To 1.The Sub Collector / Monitoring Committee, O/o Sub Collector, Periyakulam, Theni District.

2.The Tahsildar, O/o Tahsildar, Theni.

3.The Block Development Officer, O/o Block Development Officer, Theni Panchayat, Theni.

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G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

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