Gunasekaran v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI Gunasekaran ... Petitioner Vs.

1.The District Collector, Ramanathapuram District.

2.District Revenue Officer, Thiruvadanai Taluk, Ramanathapuram District.

3.Revenue Divisional Officer/ Monitoring Committee, Thiruvadanai Taluk, Ramanathapuram District.

4.Thasildhar, Thiruvadanai Taluk, Ramanathapuram District.

5.Block Development Officer, Thiruvadanai Taluk, Ramanathapuram District.

6.Subramani 7.Anand @ Loganathan 1/6

8.Velu 9.Vetrivel 10.Balu ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st to 5th respondents to restore the pond (water body) under survey Number 348/19 in the Thalirmarungur Village, Thiruvadanai Taluk, Ramanathapuram District by removing the encroachment made by the 6th and 10th respondents herein by considering petitioner's representation dated 19.09.2023.

For Petitioner : Mr.K.R.Laxman For Respondents : Mr.R.Ragavendran, Government Advocate for R1 to R4.

Mr.C.Venkatesh Kumar, Spl. Government Pleader for R5.

ORDER

Heard the learned counsel for the writ petitioner, the learned Government Advocate for the respondents 1 to 4 and the learned Special Government Pleader for the fifth respondent. Issuance of notice to the respondents 6 to 10 is dispensed with.

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2.The petitioner is a resident of Thalirmarungur Village, Thiruvadanai Taluk. According to him, S.No.348/19 is a water body and it has been encroached upon by the private respondents herein. He wants the encroachments to be removed. He also wants the water body to be restored to its original condition.

3.When the matter was taken up for hearing, the learned Government Advocate produced the extract of the "A" register. It can be seen therefrom that S.No.348/19 has been classified "pond" (Kuttai). 4.Encroachment of pond is impermissible. The fourth respondent is directed to remove the encroachment in the said water body. We direct the fourth respondent to conduct survey of the petition mentioned water body. Notices will be issued to all the interested persons. If the survey exercise reveals that there is encroachment, individual notices will be issued to all the encroachers and by adhering to due process of law, the encroachments shall be removed. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

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5.This writ petition is disposed of accordingly. No costs. (G.R.S.J.,) & (B.P.J.,) 27.11.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Ramanathapuram District.

2.District Revenue Officer, Thiruvadanai Taluk, Ramanathapuram District.

3.Revenue Divisional Officer/ Monitoring Committee, Thiruvadanai Taluk, Ramanathapuram District.

4.Thasildhar, Thiruvadanai Taluk, Ramanathapuram District.

5.Block Development Officer, Thiruvadanai Taluk, Ramanathapuram District.

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 27.11.2025 6/6