The District Collector v. Jose Abraham

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.A.(MD) No.545 of 2026 and C.M.P.(MD)No.5108 of 2026 1.The District Collector, Tenkasi, Tenkasi District.

2.The Assistant Director of Geology and Mining, Tenkasi.

3.The Tahsildar, Tenkasi Taluk, Tenkasi District.

4.The Block Development Officer, (Village Panchayat), Kadayam, Tenkasi District.

5.The Village Administrative Officer, Pottalpudur Village, Tenkasi Taluk, Tenkasi Distric.

... Appellants 1/5

-vsJose Abraham ... Respondent PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 06.06.2025 in W.P.(MD)No.7694 of 2025 on the file of this Court. For Appellants :

Mr.D.Sasikumar For Respondent :

Mr.R.J.Karthick

JUDGMENT

(Judgment of the Court was made by N.SATHISH KUMAR, J.) Aggrieved over the order of the learned Single Judge directing the appellants to restore the land to its original position, this writ appeal has been filed.

2.The writ petition has been originally filed to take action against the Block Development Officer and the Village Administrative Officer for illegally extracting soil in Survey No.377 and to restore the property of the respondent to its original position. The learned Single Judge considering the fact that the appellants have damaged the agriculture land of the writ petitioner/respondent 2/5

directed the fourth appellant to restore the property of the petitioner to its original position. Aggrieved by the same, the petitioner has filed the present writ appeal. 3.The main grievance now expressed by the respondent is that the bund of the nearby pond had not been properly maintained or raised for several years, as a result of which, during rainy seasons, water enters into the patta land of the respondent causing damage.

4.Heard the learned counsel appearing on either side and perused the materials placed on record.

5.A perusal of the order passed by the learned Single Judge, which is impugned in this writ appeal, reveals that the learned Single Judge has directed the authorities to restore the private patta land of the respondent. Further, the communication sent by the third appellant/Tahsildar indicates that during the rainy seasons, water tends to enter into the agricultural land of the respondent. Therefore, this Court deems it appropriate to direct the authorities to raise and strengthen the bund of the pond. In such view of the matter, the fourth appellant 3/5

is directed to raise the bund so as to prevent water into the private land. Such an exercise shall be completed within a period of three (3) months from the date of receipt of a copy of this order.

6.With the above direction, this writ appeal is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [N.S.K.,J.] [M.J.R.,J.] 20.04.2026 NCC : Yes / No Index : Yes / No ta 4/5

N.SATHISH KUMAR ,J.

and M.JOTHIRAMAN,J.

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