G.Ravichandran v. The Assistant Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.27419 of 2025 G.Ravichandran ... Petitioner Vs.

1.The Assistant Executive Engineer, Water Resources Department, Public works Department, Cauvery River Basin Sub Division, Trichy, Trichy District.

2.The Assistant Engineer, Water Resources Department, Cauvery Division, Papanasam, Cauvery River Basin Sub Division, Trichy, Trichy District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned notice in Form-III dated 30.10.2025 issued by the 2nd respondent, quash the same as illegal. 1/6

For Petitioner : Mr.M.Anbarasan For Respondents : Mr.C.Venkatesh Kumar, Spl. Government Pleader.

ORDER

Heard both sides.

2.The petitioner assails the Form III notice issued by the the second respondent.

3.Admittedly, the petitioner is in occupation of a water body. Therefore, on technical grounds, we do not propose to interfere with the impugned order.

4.Be that as it may, taking into account the length of the petitioner's occupation, the petitioner is granted four months from today ie., 04.12.2025 to vacate. In other words, the impugned Form III will be put on hold and not enforced for a period of four months. This is subject 2/6

to the petitioner filing an undertaking affidavit that he will vacate at the end of the aforesaid period before the second respondent. Such an affidavit shall be filed within a period of ten days from the date of receipt of a copy of this order. If an undertaking affidavit is not filed by the petitioner, the impugned Form III notice can be enforced. We make it clear that when the impugned Form III is enforced, it will be confined to the dimensions of the water body as mentioned in the survey number alone and beyond that, the question of taking coercive action against the petitioner does not arise.

5.With the aforesaid concession and observations, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.S.J.,) & (B.P.J.,) 04.12.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/6

To:- 1.The Assistant Executive Engineer, Water Resources Department, Public works Department, Cauvery River Basin Sub Division, Trichy, Trichy District.

2.The Assistant Engineer, Water Resources Department, Cauvery Division, Papanasam, Cauvery River Basin Sub Division, Trichy, Trichy District.

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 04.12.2025 6/6