Rameshpandy. M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.06.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA M.Rameshpandy ... Petitioner Vs.

1.The District Collector, Madurai, Madurai District.

2.The Commissioner, Madurai Corporation, Madurai.

3.The Executive Engineer, Planning & Design Division, 4.M.Selvakumar 5.M.Muthu 6.Chellammal 7.Petchi 8.S.M.Palani 9.Poomayil 10.Jeya 1/5

11.Lakshmanan 12.Munish 13.The Executive Engineer, Periyar Vaigai Drain Division, (R.13 is impleaded vide order of this Court dated 22.11.2022) ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachments made by the respondents 4 to 12 in S.No.170 which is situated at Ward 99, Devi Nagar, Pasumpon Nagar, Thiruparankundram, Madurai within a time frame fixed by this Court. For Petitioner : Mr.J.Senthil Kumaraiah For Respondents : Mr.L.Siva Government Advocate for R.1 & R.3 Mrs.S.Devasena Standing Counsel for R.2 Mr.B.Arun for R.4 to R.6

ORDER

(Order of the Court was made by G.R.Swaminathan J.) Heard the learned counsel appearing for the writ petitioner, the learned Government Advocate appearing for the respondents 1 to 3, the 2/5

learned Standing Counsel appearing for the second respondent and the learned counsel appearing for the respondents 4 to 6. 2.The petitioner alleges that the private respondents herein have committed encroachments.

3.The learned Standing Counsel for the corporation submits that prima facie there appears to be an encroachment. However, since the canal is vested with the Public Works Department, it is contended that it is for the third respondent to take appropriate action. 4.We have already held that, in respect of channels flowing through the corporation limits, the corporation should take action. We, therefore, direct the second respondent to issue notices to the private respondents herein, conduct survey and if the second respondent is satisfied that there are encroachments, the same shall be removed. We clarify that due process of law has to be adopted. The encroachers have to be put on notice and given fair opportunity. The entire exercise shall be completed within a period of five months from the date of receipt of a copy of this order. The third respondent is also directed to extend their 3/5

fullest co-operation to the corporation officials while undertaking the said exercise.

5.This Writ Petition is disposed of accordingly. No costs. [G.R.S., J.] [R.P, J.] 08.06.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, Madurai, Madurai District.

2.The Commissioner, Madurai Corporation, Madurai.

3.The Executive Engineer, Planning & Design Division, 4.The Executive Engineer, Periyar Vaigai Drain Division, 4/5

G.R.SWAMINATHAN, J.

AND R.POORNIMA , J.

MGA 08.06.2026 5/5