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Madras High CourtWP(MD)/5420/2026allowed

Selvaraj v. The District Collector

2026-02-26Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

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 Selvaraj ... Petitioner Vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The District Revenue Officer, Pudukkottai District, Pudukkottai.

3.The Revenue Divisional Officer, Illuppur, Pudukkottai District.

4.The Tahsildar, Viralimalai Taluk Pudukkottai District.

5.The Block Development Officer, Viralimalai, Pudukkottai District.

... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the first respondent to remove the encroachments in the "Kudineer Sadhura Kinaru Kodumpalur Chathiram Oorani", water body extended over 1 Hectare and 39 ares in S.No.40 at Kesavanur Village, Kodumpalur Chathiram, Viralimalai Taluk, Pudukkottai District as ordered in Na.Ka.No.915-2/2018/E1, dated 01.12.2020, passed by the first respondent. For Petitioner : Ms.M.Kamalini For Respondents : Mr.S.Vinodh Government Advocate for R.1 to R.4 Mr.G.V.Vairam Santhosh Additional Government Pleader for R.5

ORDER

Heard both sides.

2.The petitioner is a resident of Kodumpalur Chathiram. He had earlier filed W.P(MD)No.21787 of 2017 for removing the encroachments in the petition mentioned water body comprised in Survey No.40. The said writ petition was disposed of as early as on 27.11.2017. Even though an elaborate order was passed by this Court and the authorities also issued eviction orders, there has been no follow-up action. The order passed under Section 6 of the Land Encroachment Act, 1905 appears to have remained a dead letter. 2/4

3.It appears that the encroachers have not filed any appeal before the appellate authority. Therefore, the question of issuing any fresh notice does not arise at all.

4.We direct the fourth respondent to remove all the encroachments in the petition mentioned water body on or before 12.06.2026. 5.Recording the same, this Writ Petition stands allowed. 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 District Collector, Pudukkottai District, Pudukkottai.

2.The District Revenue Officer, Pudukkottai District, Pudukkottai.

3.The Revenue Divisional Officer, Illuppur, Pudukkottai District.

3/4

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

MGA 4.The Tahsildar, Viralimalai Taluk Pudukkottai District.

5.The Block Development Officer, Viralimalai, Pudukkottai District.

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