Muthaiyan v. The District Collector

ORDER (Order of the Court was made by the Hon'ble Chief Justice) This petition has been filed under Article 226 of the Constitution of India seeking direction to respondents to remove the encroachments in the irrigation channel starting from Pennaiyar river in Arasamangalam Village, Villupuram Taluk passing through Survey Nos.331A2, 333B1, 331B, 332 (River bund) 311 (Anaikattu), 315, 359, 361, 337, 340, 370, 371, 480, 484, 459, 460, 32, 36, 552/1, 561/1, 574/1, 577/1, 579/1, 581/1, 584/1, 588/1, 589/1, 590/1, 591/1, 637, 639 and 640 in Arasamangalam village and in S.Nos.113/1, 144, 115, 116, 22, 43 and 79 in C.Kallipattu village, and S.Nos.278, 267, 250, 269, 47, 103, 130, 320, 134, 331, 57, 66, 171, 179, 178, 244, 246, 173/1 in Vadavambalam Village.

¶2Counter-affidavit has been filed by second respondent, in which, it is stated as follows: "11. With regard to the averments of the petitioner set out in paras 11 to 13 of this affidavit, I respectfully submit that to identify and remove the encroachments in the above survey fields, Form-I details were requested from this 2nd respondent by the Assistant Engineer, Water Resources Department, vide his letter No.01/F.Encroachment/ 2026/AE/VPM01/dated 28.02.2026. In response to this, the Form I details were sent to the Assistant Engineer, W.R.D. with the details of 355 encroachers in the aforesaid Vadavambalam

Vaikkal

vide

this

office ref.No.Na.Ka.A1/3929/2024 dated 11.03.2026.

¶12I respectfully submit that in pursuance of the said Form-I notice, the Form-II notices were published in a conspicuous place in the Village Administrative Offices, Village Panchayat Office of Arasamangalam, C.Kallipattu and Vadavambalam Villages on 13.03.2026. Action is being pursued by the W.R.D. Department to evict the encroachments under due process of law. Necessary show-cause notices are being prepared by the WRD Department to be issued to the encroachers along with a copy of Form-II, to call for their objections and there upon final eviction notices in Form-III will be issued.

¶13I respectfully submit that the entire Revenue Officials have been posted and engaged in the works relating to General Elections to Tamil Nadu Legislative Assembly 2026, however in due course necessary further action will be undertaken.

¶14It is respectfully submitted that in view of the above mentioned facts and circumstances, I humbly pray that this Hon'ble High Court may be pleased to take this counter affidavit on record and pass such further or other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice."

¶3In view of the fact that the proceedings are under way and respondents have already forwarded the list of encroachers to Water Resources Department, respondents are directed to complete the process in accordance with law, within a period of four months from the date of receipt of copy of the order.

¶4Petition is disposed of. There shall be no order as to costs. (SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J)

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¶1The District Collector Villupuram District Villupuram.

¶2The Thasildhar Villupuram.

¶3The Block Development Officer Koliyanur Villupuram District.

¶4The Block Development Officer Kandamangalam Villupuram District. THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

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21.04.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.04.2026 CORAM : THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN Muthaiyan S/o.Meignana Desigar C.Kuchipalayam Village C.Kallipattu Post Villupuram Taluk. Petitioner(s) Vs 1. The District Collector Villupuram District Villupuram. 2. The Thasildhar Villupuram. 3. The Block Development Officer Koliyanur Villupuram District. 4. The Block Development Officer Kandamangalam Villupuram District. Respondent(s) Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to remove the encroachments in the irrigation channel starting from Pennaiyar river in Arasamangalam Village, Villupuram Taluk passing through Survey Nos.331A2, 333B1, 331B, 332 (River bund) 311 (Anaikattu), 315, 359, 361, 337, 340, 370, 371, 480, 484, 459, 460, 32, 36, 552/1, 561/1, 574/1, 577/1, 579/1, 581/1, 584/1, 588/1, 589/1, 590/1, 591/1, 637, 639 and 640 in Arasamangalam village and in S.Nos.113/1, 144, 115, 116, 22, 43 and 79 in C.Kallipattu village, and S.Nos.278, 267, 250, 269, 47, 103, 130, 320, 134, 331, 57, 66, 171, 179, 178, 244, 246, 173/1 in Vadavambalam Village and thereby free the river bund channels from encroachments. For Petitioner(s): Mr. K.Palaniappan For Respondent(s): Mr. K.Karthik Jagannath Government Advocate for R1 to R4.