M.Gunasekaran @ Jesudhas v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.20321 of 2025 M.Gunasekaran @ Jesudhas ... Petitioner Vs.
1.The District Collector, Tenkasi District, Tenkasi.
2.The District Revenue Officer, Tenkasi District, Tenkasi.
3.The Revenue Divisional Officer / Monitoring Committee, Tenkasi RDO Office, Tenkasi District.
4.The Tahsildar, Alangulam Taluk, Tenkasi District.
5.The Executive Officer, Special Grade Town Panchayat, Alangulam, Tenkasi District.
6.Murugan @ Karunanithi 1/6
7.Ramasamy 8.Poolpandi 9.Pappa 10.Marutha Veera 11.Chelladurai 12.The Administrative Officer, Represented for Irukkankudi Mariamman Temple, 15th ward, Mangammal Street, Alangulam Town Panchayat, Tenkasi District-627 851.
13.The Bishop, Represented for Christian Church, 15th Ward Mangammal Street, Alangulam Town Panchayat, Tenkasi District-627 851.
14.K.P.Subramanian 15.Sorimuthu 16.Chokkalingam ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 5 to remove the encroachments made by the respondents 6 to 16 at the Government poromboke and water channel situated in Sy.Nos.405/2, 421/1C1A and 283 at Alangulam Special Grade Town Panchayat, Tenkasi District in accordance with law by 2/6
considering the petitioner's representations dated 19.08.2024 and 13.06.2025 within a stipulated period as framed by this Court. For Petitioners :Mr.A.Sankararamasubramanian For Respondents :Mr.A.Kannan Additional Government Pleader for R1 to R4 : Mrs.S.Jeyapriya Government Advocate for R5
ORDER
Heard the learned counsel for the writ petitioner and the learned Additional Government Pleader appearing for the official respondents. Issuance of notice to the private respondents is dispensed with.
2. The petitioner is a resident of Alangulam Village. According to him, the petition mentioned survey numbers are water bodies and that the private respondents have encroached upon the same.
3. When the matter was taken up for hearing, the learned Additional Government Pleader on written instructions from the Tahsildar, Alangulam submitted that the numbers given by the writ petitioner are incorrect and that the survey No.421/2C1A alone has been classified as water body. He concedes that there are encroachment in the said survey number. It is further undertaken 3/6
that the fifth respondent will clear the encroachments by adhering to due process of law.
4. In this view of the matter, we direct the fourth respondent to conduct survey. Notice shall be given to all the interested persons & encroachers before conducting survey. If the survey results indicate that there are encroachments in the water body, the same shall be removed. All the encroachers shall not only be put on notice but also given due opportunity. All the encroachments shall be cleared within a period of four months from the date of receipt of a copy of this order.
5. The Writ Petition is disposed of accordingly. We grant liberty to the petitioner to file a fresh writ petition for clearing the encroachments in the Government poromboke lands. No costs.
[G.R.S., J.] [B.P., J.] 30.07.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi 4/6
To 1.The District Collector, Tenkasi District, Tenkasi.
2.The District Revenue Officer, Tenkasi District, Tenkasi.
3.The Revenue Divisional Officer / Monitoring Committee, Tenkasi RDO Office, Tenkasi District.
4.The Tahsildar, Alangulam Taluk, Tenkasi District.
5.The Executive Officer, Special Grade Town Panchayat, Alangulam, Tenkasi District.
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G.R.SWAMINATHAN, J and B.PUGALENDHI, J.
rmi W.P(MD)No.20321 of 2025 30.07.2025 6/6