A.Manikanda Perumal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE A.Manikanda Perumal ... Petitioner Vs.

1.The District Collector, Collectorate, Nagercoil, 2.The Revenue Divisional Officer, Padmanabhapuram, Thakkalai, 3.The Tahsildar, Kalkulam Taluk, 4.The Chief Executive engineer, Public Works Department (Water Resources Organization), 5.The Assistant Executive Engineer 6.The Assistant Engineer 1/6

Eraniel, Kalkulam Taluk, 7.C.David 8.The Block Development Officer, Kurunthencode Village.

9.The Panchayat President, Kurunthencode Village.

... Respondents [RR8 & 9 are suo motu impleaded vide Court order dated 08.10.2020 made in W.P.(MD) No.13985 of 2020] PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd respondent to expedite the process of measuring and demarcating the boundaries of Koduppaikuzhi Branch Canals 1st Channel Kurundhencode Village, Kanyakumari District and submit the report to the 5th respondent within a time frame that may be stipulated by this Court and consequently direct the 1st to 6th Respondents to remove the encroachment on the Koduppaikuzhi Branch Canals 1st Channel, Kurundhencode Village, Kanyakumari District on the basis of the petitioner's representation dated 23.07.2020. For Petitioner :

Mr.B.N.Raja Mohamed For RR1 to 6 :

Mr.P.Thilakkumar Government Pleader For R7 :

Mr.R.T.Arivukumar 2/6

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted to direct the third respondent to expedite the process of measuring and demarcating the boundaries of Koduppaikuzhi Branch Canals 1st Channel Kurundhencode Village, Kanyakumari District and submit a report to the fifth respondent and consequently direct respondents 1 to 6 to remove the encroachment on the Koduppaikuzhi Branch Canals 1st Channel, Kurundhencode Village, Kanyakumari District.

2. The Tahsildar, Kalkulam Taluk, Kanyakumari District has filed a counter affidavit stating that enforcement actions are initiated for removal of encroachment.

3. The authorities have to conduct survey, identify the encroachment and initiate enforcement action, if any encroachment is found by following the procedures as contemplated under the relevant statutes and rules. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.

3/6

4. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

[S.M.S., J.] [A.D.M.C., J.] 23.07.2025 Index:Yes Internet:Yes/No NCC:Yes/No abr To 1.The District Collector, Collectorate, Nagercoil, 2.The Revenue Divisional Officer, Padmanabhapuram, Thakkalai, 3.The Tahsildar, Kalkulam Taluk, 4.The Chief Executive engineer, Public Works Department (Water Resources Organization), 5.The Assistant Executive Engineer 4/6

6.The Assistant Engineer Eraniel, Kalkulam Taluk, 5/6

S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE, J.

abr 23.07.2025 6/6