S.Imala v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 17.03.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY S.Imala ... Petitioner Vs.

1.The District Collector, O/o. District Collector, 2.The Tahsildar, O/o.Thiruvidaimaruthur Taluk, 3.The Block Development Officer, O/o.The Block Development Officer, Theruppanadal Block Office, Thiruvidaimaruthur Taluk,

...Respondents

Writ Petitions are filed under article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to remove the pipeline which is located in the petitioner's own patta land bearing Survey No.214/7B, Patta No.1237 and relocate the Government Scheme pipeline by considering the representation dated 26.12.2025.

For Petitioner :Mr.M.Vivek Bharathi For R1 & R2 :Mr.P.B.Ahamad Yashmin Parvin Government Advocate For R3 :Mr.P.Thambidurai Government Advocate

ORDER

This writ petition is filed for a mandamus directing the respondents to remove the hand bore-well located in front of the petitioner's patta land in Survey No.214/7B, Patta No.1237, of Mullangudi village, Thanjavur District.

2.The grievance of the petitioner is that the petitioner is the owner of the above property and now he is constructing a house. In front of the proposed entrance, now the hand pump is erected and the civil works are also done, partially encroaching into the petitioner's property. Therefore, the petitioner is before this court.

3.When the matter came up for hearing, the learned Government Advocate taking notice on behalf of respondents, would submit that they will conduct a survey and if any part of the civil constructions is an encroachment into the petitioner's extent, the same will be removed.

4.In reply thereof, the learned counsel would submit that even with reference to the bore-well since the entrance is to be located straight opposite to the same, even in front of the petitioner's plot itself, if it can be moved on the left-hand side or the right-hand side, it will be better for the petitioner's beneficial enjoyment of the property and his ingress and egress will not be affected. The petitioner also further undertakes to bear the expenses in case of any relocation of the hand pump. 5.I have considered the rival submissions made on either side and perused the material records of the case.

6.Since the petitioner is also ready to bear the expenses to relocate, the writ petition is ordered on the following terms: (i)Survey shall be conducted with reference to the location and if any civil construction is located within the petitioner's land, the same shall be forthwith removed.

(ii)With reference to the hand pump, the petitioner is ready to bear the expenses for relocating for about five feet away, so that the petitioner's entrance will not be blocked.

(iii)The pump shall be relocated on the right-hand side at the end of the petitioner's plot itself. In that case the feasibility of the same shall be

considered by the respondents and the tentative cost shall be intimated to the petitioner. If the petitioner is willing for the same, the respondent shall remove and dig the bore-well and exert the hand pump or relocate if it is a tap connected the water supply line at the place newly earmarked and the construction shall be made.

(iv)The aforesaid exercise shall be completed within a period of four weeks from the date of receipt of web copy of the order. 7.With the above direction, this writ petition stands disposed of. No costs.

17.03.2026 NCC:Yes/No Ns To 1.The District Collector, O/o. District Collector, 2.The Tahsildar, O/o.Thiruvidaimaruthur Taluk, 3.The Block Development Officer, O/o.The Block Development Officer, Theruppanadal Block Office, Thiruvidaimaruthur Taluk,

D.BHARATHA CHAKRAVARTHY, J.

Ns 17.03.2026