Palani E v. The District Collector / The Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.22674 of 2025 E.Palani ... Petitioner Vs.

1.The District Collector / The Monitoring Committee, Thirunelveli District.

2.The Regional Director of Municipal Administration, Ram Popular Road, Palayamkottai, Tirunelveli.

3.The Sub Collector, Cheranmahadevi, 4.The Tahsildar, Nanguneri Taluk, 1/6

5.The Commissioner, Kalakad Municipality, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachments made by the fifth respondent in the Kudithangi Pond comprised in S.No.685/1 of Padalayarkulam Village, Nanguneri Taluk, Tirunelveli District based on the petitioner's representation dated 25.07.2025. For Petitioner : Mr.A.Sankararamasubramanian For Respondents : Mr.C.Venkatesh Kumar Special Government Pleader for R.1 to R.4 Mr.J.Parekumar Standing Counsel for R.5

ORDER

Heard both sides.

2.The petitioner is a resident of Padalayarkulam Village. He alleges that in the petition mentioned water body, local body is attempting to commit encroachment.

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3.When the matter was taken up for hearing, the learned Standing Counsel for the local body drew our attention to the order dated 03.07.2025 in W.P(MD)No.17867 of 2025 (K.S.Sideeq Azeezur Rahman Vs The District Collector & Others). The said writ petition also pertains to the very same subject matter. We have disposed of the writ petition in the following terms: "3.The stand of the respondents is that they are only undertaking some development activities. Be that as it may, the respondents cannot reduce or shrink the over all dimensions of the water body. That has to be maintained as such. The inlets and outlets cannot be blocked. Subject to these two caveats, any other development activities such as laying walk area, etc can very well be undertaken by the local body." 4.According to us, the aforesaid direction should suffice. Be that as it may, the Commissioner, Kalakad Municipality has given the written instruction in the following terms. It reads as follows: 3/6

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5.Directing the fifth respondent to abide by the aforesaid undertaking, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [B.P., J.] 16.10.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector / The Monitoring Committee, Thirunelveli District.

2.The Regional Director of Municipal Administration, Ram Popular Road, Palayamkottai, Tirunelveli.

3.The Sub Collector, Cheranmahadevi, 4.The Tahsildar, Nanguneri Taluk, 5/6

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

MGA 5.The Commissioner, Kalakad Municipality, 16.10.2025 6/6