Francis Adaikalam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI Francis Adaikalam ... Petitioner Vs.

1.The District Collector , O/o. the District Collector, 2.The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Aranthangi, 3.The Thasildar, O/o. the Thasildar, Avudaiyarkoil Taluk, 4.The Assistant Executive Engineer (WRD), Lower Vaigai Basin Division, Ramanathapuram, O/o. the Assistant Executive Engineer, Avudaiyarkoil Taluk, 1/5

5.The Assistant Engineer, O/o. the Assistant Engineer, Mimisal Village Panchayat, 6.Sudhakar 7.Kulandhaisamy 8.Paneer 9.Kumar 10.Robert ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment made by respondents 6 to 10 made in water stream (vaari) in Survey No.36, 37 and in Keela endal water channel situated in S.No.40, as well as in Chinnandi Kanmoi situated in S.No.39 based on the petitioner's representation dated 18.03.2025 within stipulated period of time as fixed by this Court.

For Petitioner : M/s.M.Sevanthi For Respondents : Mr.S.Vinodh Government Advocate for R.1 to R.5

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Government Advocate appearing for the respondents 1 to 5. Considering the nature of relief to be granted, issuance of notice to the respondents 6 to 10 is dispensed with.

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2.The writ petitioner is a resident of Avudaiyarkoil Taluk, Mimisal Post, Pudukottai District. The petitioner alleges that there are encroachments in the petition mentioned survey numbers.

3.The learned Government Advocate states that the said survey number has been classified as "Vaari".

4.We direct the third respondent to conduct survey. If encroachments are noticed, notices shall be given to all the encroachers / interested parties including the private respondents herein and opportunities should be given to them and they will be removed by adhering to due process of law. The entire exercise shall be completed within a period of five months from the date of receipt of a copy of this order.

5.This writ petition is disposed of accordingly. No costs. [G.R.S., J.] [B.P., J.] 29.01.2026 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA 3/5

To 1.The District Collector , O/o. the District Collector, 2.The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Aranthangi, 3.The Thasildar, O/o. the Thasildar, Avudaiyarkoil Taluk, 4.The Assistant Executive Engineer (WRD), Lower Vaigai Basin Division, Ramanathapuram, O/o. the Assistant Executive Engineer, Avudaiyarkoil Taluk, 5.The Assistant Engineer, O/o. the Assistant Engineer, Mimisal Village Panchayat, 4/5

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

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