S.Venkatesh v. The District Collector
1 W.P.(MD)NO.35214 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.35214 of 2025 S.Venkatesh ... Petitioner Vs.
1. The District Collector, Kanyakumari District, Kanyakumari.
2. The Revenue Divisional Officer,
3. The Tahsildar, Thovalai Taluk,
4. The District Forest Officer,
5. The Superintendent Engineer, Public Works Department(PWD), Tirunelveli District.
6. The Assistant Director, Town and Country Planning Authority, 1/6
2 W.P.(MD)NO.35214 OF 2025
7. The District Registrar,
8. The Executive Officer, Aaralvaimozhi Town Panchayat,
9. Xaviour Selvaraja ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, issuing a Writ of Mandamus, directing the respondent Nos.1 to 8 to safeguard the Avalodai and Patturaja water streams located in survey No.97/4, 269 & 270 in Aaralvaimozhi, Thovalai Taluk, Kanyakumari District and to ensure that the 9th respondent is not encroached the above water streams for creating pathway to his newly formed house site layout by considering the petitioner's representation dated 06.11.2025 and 29.11.2025. For Petitioner : Mr.S.Vishnuvardhan For R-1 to R-8 : Mr.M.Siddharthan, Additional Government Pleader.
For R-9 : Mr.R.M.Arun Swaminathan * * * 2/6
3 W.P.(MD)NO.35214 OF 2025
O R D E R
Heard both sides.
2. The writ petitioner who is a resident of Vadakkoor Village in Aralvaimozhi Taluk complained that the petition-mentioned survey numbers have been encroached upon.
3. The learned counsel for the ninth respondent states that the ninth respondent will not in any way commit in any kind of encroachment on the stream running through survey No.97/4. This undertaking given by the ninth respondent is placed on record. The learned counsel for the ninth respondent further states that he has nothing to do with the remaining two survey numbers.
4. The learned Additional Government Pleader confirms that survey Nos.269 and 270 are also water bodies.
5. The third respondent is directed to issue notice to the private 3/6
4 W.P.(MD)NO.35214 OF 2025 respondents and other encroachers if any, conduct survey and if the encroachments are noticed, then by adhering to due process of law, the encroachments shall be removed. The entire exercise will be completed within a period of four months from the date of receipt of a copy of this order. This writ petition stands disposed of accordingly. No costs.
(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 11th December 2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 4/6
5 W.P.(MD)NO.35214 OF 2025 To:
1. The District Collector, Kanyakumari District, Kanyakumari.
2. The Revenue Divisional Officer,
3. The Tahsildar, Thovalai Taluk,
4. The District Forest Officer,
5. The Superintendent Engineer, Public Works Department(PWD), Tirunelveli District.
6. The Assistant Director, Town and Country Planning Authority,
7. The District Registrar,
8. The Executive Officer, Aaralvaimozhi Town Panchayat, 5/6
6 W.P.(MD)NO.35214 OF 2025 G.R.SWAMINATHAN,J.
AND B.PUGALENDHI, J.
PMU W.P.(MD)No.35214 of 2025 11.12.2025 6/6