Ela.Kannan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI Ela.Kannan ... Petitioner Vs.

1.The State represented by The Secretary, Hindu Religious and Charitable Endowment Department, Secretariat, Chennai -9 2.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai.

3.The District Collector, O/o.The District Collector, 4.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, 1/6

5.The Tahsildar, Trichy West Taluk, 6.The Commissioner of Police, O/o.Anti Land Grabbing Special Cell, Trichy City.

7.The Assistant Engineer, Water Resources Department, O/o.The Water Resources Department, 8.Carmel Organization, Rep by its Provincial Superior, Jeyaraju, Edalamaipatti Pudur, Madurai Road, Trichy -12.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 7 herein to remove the encroachments made by 8th respondents herein, in the canal (Vaikal) located in Ward AJ block2, Urban Area No. 247 Pratiyur Village, Tiruchirappalli West Taluk, Trichy District, by following the due procedure contemplated under law within the time frame that may be fixed by this Court by considering the representation dated 18.06.2025.

For Petitioner : Mr.Niranjan S.Kumar For Respondents : Mr.C.Venkatesh Kumar Special Government Pleader for R.1 to R.5 & R.7 2/6

Mr.K.Gnanasekaran Government Advocate (Crl Side) for R.6

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for the respondents 1 to 5 and 7 and the learned Government Advocate (Criminal Side) appearing for the sixth respondent. Considering the nature of relief to be granted, issuance of notice to the eighth respondent is dispensed with.

2.The petitioner alleges that the eighth respondent had committed encroachment on a water body. Our attention is drawn to Form - I, Form - II and Form - III issued by the seventh respondent. Form - III was issued as early as on 10.01.2025. But till date no further action appears to have been taken. These forms are not issued as a mere formality. Issuance of orders must translate into action on the ground. The seventh respondent is directed to take further action pursuant to the Form - III notice dated 10.01.2026 already issued by him.

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3.We make it clear that we have not foreclosed the defences of the eighth respondent. If it turns out that a water body has been encroached, the encroachment must be cleared within a period of eight (8) weeks from the date of receipt of a copy of this order.

4.This Writ Petition is disposed of accordingly. No costs. [G.R.S., J.] [B.P., J.] 26.02.2026 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The Secretary, Hindu Religious and Charitable Endowment Department, Secretariat, Chennai -9 2.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai.

3.The District Collector, O/o.The District Collector, 4/6

4.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, 5.The Tahsildar, Trichy West Taluk, 6.The Commissioner of Police, O/o.Anti Land Grabbing Special Cell, Trichy City.

7.The Assistant Engineer, Water Resources Department, O/o.The Water Resources Department, 5/6

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

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