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Madras High CourtWP(MD)/4721/2026disposed of

K.Thavamani v. The District Collector,

2026-02-19Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi5 pages

1 W.P.(MD)NO.4721 OF 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.4721 of 2026 K.Thavamani ... Petitioner Vs.

1. The District Collector, Theni District, Theni.

2. The Executive Engineer, Water Resource Department, Manjalar Basin Division, Periyakulam Region, Theni District.

3. The Superintendent of Engineer, Water Resource Department, Manjalar Basin Division, Periyakulam Region, Theni District.

4. The Tahsildar, Periyakulam Taluk Office, Periyakulam, Theni District.

5. The Block Development Officer, Periyakulam Panchayat Union, Periyakulam, Theni District.

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2 W.P.(MD)NO.4721 OF 2026

6. Dhinakarajan ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, issuing a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment made by the sixth respondent in survey No.1379 for an extent of 57.50 hectors situated at Thenkarai Bit-1, Lakshmipuram Village, Periyakulam Taluk, Theni District consequently restore the water channel in original position on the basis of the petitioner's representation dated 08.01.2026 within the time frame fixed by this Court.

For Petitioner : Mr.T.Vadivelan For Respondents : Mr.C.Venkatesh Kumar, Special Government Pleader for R-1 to R-4.

Mr.S.Vinodh, Government Advocate for R-5.

* * *

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for respondents 1 to 4 and the learned counsel appearing for the fifth respondent.

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3 W.P.(MD)NO.4721 OF 2026

2. The petitioner is a resident of Lakshmipuram Village. The petitioner alleges that survey No.1379 in her village, there are encroachments.

3. It is admitted by the official respondents, it is a water body which vests in the Water Resources Department. The Water Resources Department has requested the Tahsildar, Periyakulam Taluk to conduct survey.

4. We direct the fourth respondent to issue notices to the private respondents and other encroachers if any, conduct survey. Based on the outcome of the survey, Form-I shall be issued. The second respondent shall take consequential action. If the encroachments are noticed, the same shall be removed. This exercise will be completed within a period of five months from the date of receipt of a copy of this order. This writ petition stands disposed of. No costs.

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 19.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/5

4 W.P.(MD)NO.4721 OF 2026 To:

1. The District Collector, Theni District, Theni.

2. The Executive Engineer, Water Resource Department, Manjalar Basin Division, Periyakulam Region, Theni District.

3. The Superintendent of Engineer, Water Resource Department, Manjalar Basin Division, Periyakulam Region, Theni District.

4. The Tahsildar, Periyakulam Taluk Office, Periyakulam, Theni District.

5. The Block Development Officer, Periyakulam Panchayat Union, Periyakulam, Theni District.

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5 W.P.(MD)NO.4721 OF 2026 G.R.SWAMINATHAN,J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.4721 of 2026 19.02.2026 5/5