Prabukrishnan v. The District Collector

O R D E R Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 6 and the learned Government Advocate appearing for the eighth respondent.

¶2Issuance of notice to the seventh respondent is dispensed with.

¶3The writ petitioner is a resident of Sangangulam Village, Thirupuvanam Taluk. He alleges that the seventh respondent had encroached upon survey Nos.140 and 225. It is conceded by the official respondents that the petition mentioned survey numbers have been classified as kanmoi. The photographs enclosed in the typed set of papers clearly shows that there are encroachments. It is further seen that the seventh respondent is also engaged in illegal 4 W.P.(MD)NO.11878 OF 2026 fishing activities. The learned Additional Government Pleader produced a copy of the complaint given by the Assistant Engineer, Water Resource Department, Palayanur police station, Thirupuvanam Taluk. However, no action appears to have been taken.

¶4Taking into account the overall facts and circumstances, we direct the respondents 4 and 5 to immediately remove all the encroachments in the petition mentioned kanmoi. The Inspector of Police, Palayanur police station, Sivagangai District is directed to extend his fullest cooperation to the officials of Water Resource Department to clear all the encroachments in the petition mentioned kanmoi. This writ petition stands allowed accordingly. The encroachments shall be removed within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 22nd April 2026

NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 5 W.P.(MD)NO.11878 OF 2026 To:

¶1The District Collector, Sivagangai District, Sivagangai.

¶2The Chief Engineer, Water Resources Department, Madurai Region, Madurai.

¶3The Revenue Divisional Officer, Sivagangai Revenue Division, Sivagangai.

¶4The Executive Engineer, Water Resources Department, Saruganiyaru Basin Division, Sivagangai District, Sivagangai.

¶5The Assistant Executive Engineer, Water Resources Department, Saruganiyaru Basin Division, Manamadurai, Sivagangai District.

¶6The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

¶7The Inspector of Police, Palayanur police station, Thirupuvanam Taluk, Sivagangai District. 6 W.P.(MD)NO.11878 OF 2026

G.R.SWAMINATHAN, J. AND

B.PUGALENDHI, J. PMU W.P.(MD)No.11878 of 2026

22.04.2026

1 W.P.(MD)NO.11878 OF 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2026 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.11878 of 2026 and W.M.P.(MD)No.8983 of 2026 Prabukrishnan ... Petitioner Vs. 1. The District Collector, Sivagangai District, Sivagangai. 2. The Chief Engineer, Water Resources Department, Madurai Region, Madurai. 3. The Revenue Divisional Officer, Sivagangai Revenue Division, Sivagangai. 4. The Executive Engineer, Water Resources Department, Saruganiyaru Basin Division, Sivagangai District, Sivagangai. 5. The Assistant Executive Engineer, Water Resources Department, Saruganiyaru Basin Division, Manamadurai, Sivagangai District. 2 W.P.(MD)NO.11878 OF 2026 6. The Tahsildar, Thiruppuvanam Taluk, Sivagangai District. 7. Subramani 8. The Inspector of Police, Palayanur police station, Thirupuvanam Taluk, Sivagangai District. (R-8 is suo motu impleaded vide order dated 22.04.2026.) ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 6 to forthwith evict the seventh respondent and all other unauthorised persons from the Government kanmoi situated at Sangangulam Village, survey Nos.140 and 225, Thirupuvanam Taluk, Sivagangai District and to restore the said tank to its original Government control and conduct a proper public auction of the fishing rights in the said Sangangulam kanmoi in accordance with law and facilitate the provision of irrigation water of the said Sangangulam kanmoi to be made freely available to all farmers of the surrounding agricultural lands without any obstruction based on the petitioner's representations dated 24.10.2025, 03.11.2025, 17.11.2025. For Petitioner : Mr.C.Selvakumar For Respondents : Mr.G.V.Vairam Santhosh, Additional Government Pleader for R-1 to R-6. 3 W.P.(MD)NO.11878 OF 2026 Mr.K.Gnanasekaran, Government Advocate for R-8. * * *