S.Thulasi Das v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN and THE HON'BLE MR.JUSTICE B.PUGALENDHI S.Thulasi Das ... Petitioner Vs.

1.The Government of Tamil Nadu, Rep.by its Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.

2.The District Collector / District Monitoring Committee, Collectorate, Kanyakumari District at Nagercoil.

3.The Executive Engineer, Kothaiyar Irrigation Division, WRD, Nagercoil, 4.The Assistant Engineer, Irrigation Special (Tanks) Section, WRD, Thuckalay, 5.The Revenue Divisional Officer, Revenue Divisional Office, Thuckalay, Kanyakumari District.

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6.The Tahsildar, Kalkulam Taluk, 7.The Commissioner, Colachel Municipality, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus directing the respondents to remove the encroachment in Velliakulam Tank and its entire geological water channels in Town Survey No.1966 in Ward P, Block 1 and 2 in Colachel, Kalkulam Taluk, Kanyakumari District and restore the same in its original position by repairing its sluice for the welfare of the farmers by considering the petitioner's representation dated 20.01.2022, 04.12.2024, 18.12.2024, 08.01.2025 and 03.02.2025. For Petitioner : Mr.R.Murugan For Respondents : Mr.A.Kannan Additional Government Pleader for R1 to R6 Mr.P.Athimoola Pandian for R7

ORDER

Heard both sides.

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2.The prayer in the writ petition is that Velliakulam Tank in Kalkulam Village and the supply channels have been encroached. When the matter was taken up for hearing, the learned Additional Government Pleader on written instructions submitted that there is no encroachments in the tank and that the channel has a width of 15 feet and the height of 10 feet. He would further submit that Colachel Municipality that has to maintain the same.

3.We direct all the respondents herein to ensure that there is no encroachment in the channel and if encroached, it shall be removed by adhering to due process of law. This writ petition is disposed of. No costs.

[G.R.S., J.] & [B.P., J.] 03.07.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No Skm To 1.The Government of Tamil Nadu, Rep.by its Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.

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2.The District Collector / District Monitoring Committee, Collectorate, Kanyakumari District at Nagercoil.

3.The Executive Engineer, Kothaiyar Irrigation Division, WRD, Nagercoil, 4.The Assistant Engineer, Irrigation Special (Tanks) Section, WRD, Thuckalay, 5.The Revenue Divisional Officer, Revenue Divisional Office, Thuckalay, Kanyakumari District.

6.The Tahsildar, Kalkulam Taluk, 7.The Commissioner, Colachel Municipality, 4/5

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

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