Anitta Gerard v. The District Collector / Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.03.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)Nos.5114 and 5115 of 2026 Anitta Gerard, W/o.Andrus, The President, Azhagappapuram Town Panchayat, ... Petitioner Vs.

1.The District Collector / Chairman, District Monitoring Committee, Nagercoil, Kanyakumari District.

2.The Superintendent of Police, Nagercoil, 3.The Executive Engineer, Water Resources Organization, Gothaiyaru River Basin Division, Nagercoil, Kanyakumari District.

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4.The Assistant Engineer, Water Resources Organization /Public Works Department (Irrigation), Myladi, Kanyakumari District.

5.The Tahsildar, 6.The Inspector of Police, Anjugramam Police Station, 7.The Junior Engineer, Electricity Board, Myladi, 8.Sahaya Edward Rajan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the impugned order passed by the 4th respondent in his proceedings in Ka.No.Ko.21/117/2026 dated 16.02.2026 quash the same. For Petitioner : Mr.P.Edin Brough For Respondents : Mr.C.Venkatesh Kumar, Spl. Government Pleader for R1, R3 to R5.

Mr.K.Gnana Sekaran, Govt. Advocate (Crl. Side) for R2 & R6.

Mr.S.Deenadhayalan, 2/6

Standing Counsel for R7.

ORDER

Heard both sides.

2.The petitioner has filed this writ petition in her capacity as head of the local body (Azhagappapuram Town Panchayat). 3.When the tenure of the elected representative has already ceased and elections are yet to be held, we fail to understand as to how the petitioner can continue to describe herself as head of the local body. Be that as it may, the impugned communication is an inter-departmental communication which is marked only to the Executive Officer of the local body. The petitioner lacks the locus standi to maintain this challenge. In any event, S.No.193 is admittedly a water body. The jurisdictional Civil Court has given a direction for clearing the encroachments in the said water body. In these circumstances, we decline to intervene. The writ petition stands dismissed. No costs. 3/6

Consequently, connected miscellaneous petitions are closed. (G.R.S.J.,) & (B.P.J.,) 05.03.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector / Chairman, District Monitoring Committee, Nagercoil, Kanyakumari District.

2.The Superintendent of Police, Nagercoil, 3.The Executive Engineer, Water Resources Organization, Gothaiyaru River Basin Division, Nagercoil, Kanyakumari District.

4.The Assistant Engineer, Water Resources Organization /Public Works Department (Irrigation), Myladi, Kanyakumari District.

5.The Tahsildar, 6.The Inspector of Police, 4/6

Anjugramam Police Station, 5/6

G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 05.03.2026 6/6