S.S.Muthurajan v. Revenue and Disaster Management

O R D E R Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for respondents 1 to 4. 3 W.P.(MD)NO.33024 OF 2025

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

¶3The petitioner seeks removal of the encroachment in the petition-mentioned survey numbers. It is specifically alleged that the fifth respondent which is an educational institution has put up building in the said water course. The fifth respondent had earlier filed W.P.(MD)No.21497 of 2023 challenging the action taken by the authorities for removing the encroachment. The writ petition was dismissed by us on 14.03.2024. However accepting the request made by the fifth respondent herein(writ petitioner therein), we granted six more months to them to physically remove the building in question. It was subject to the condition that the fifth respondent herein filed the affidavit of undertaking to remove the building in question within the aforesaid period. Thereafter, the fifth respondent had written a letter dated 23.04.2024 which reads as follows:- 4 W.P.(MD)NO.33024 OF 2025 5 W.P.(MD)NO.33024 OF 2025 The affidavit of undertaking given by the fifth respondent reads as follows:- 6 W.P.(MD)NO.33024 OF 2025 7 W.P.(MD)NO.33024 OF 2025

¶4As per the undertaking given by the fifth respondent, the encroachments should have been cleared by them on their own before the end of October 2024. We are now in November 2025. More than a year has elapsed. The fourth respondent is directed to remove the encroachment in question, if there is no other legal impediment. In other words if the fifth respondent is not armed with another judicial order in his favour, the encroachment has to be removed without any further delay. This writ petition stands allowed on these terms. No costs. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 20th November 2025

NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

¶1The Revenue and Disaster Management, Chief Secretariat, Chennai.

¶2The District Collector, O/o.the District Collector, Virudhunagar District.

¶3The District Revenue Officer, District Revenue Office, Virudhunagar.

¶4The Tahsildar, O/o.the Tahsildar, Watrap Taluk, Virudhunagar District. 8 W.P.(MD)NO.33024 OF 2025

G.R.SWAMINATHAN, J. AND

B.PUGALENDHI, J. PMU W.P.(MD)No.33024 of 2025

20.11.2025

1 W.P.(MD)NO.33024 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.33024 of 2025 S.S.Muthurajan ... Petitioner Vs. 1. The Revenue and Disaster Management, Chief Secretariat, Chennai. 2. The District Collector, O/o.the District Collector, Virudhunagar District. 3. The District Revenue Officer, District Revenue Office, Virudhunagar. 4. The Tahsildar, O/o.the Tahsildar, Watrap Taluk, Virudhunagar District. 5. Kalasalingam and Anandammal Charities, A registered trust (having No.60/1983), Rep.by Trustee having office at Anand Nagar, Krishnan Kovil, 2 W.P.(MD)NO.33024 OF 2025 Watrap Taluk, Virudhunagar District. ... 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 4 to remove the encroachment made by the fifth respondent in watercourse and watercourse peripheral poramboke land under the control of the Government-owned Public Works Department located in Virudhunagar District, Srivilliputhur Taluk, Kunnoor Village survey Nos.582, 582/1, 582/2 and 521/1 within the stipulated time that may be fixed by this Court. For Petitioner : Mr.S.Ponsaravanan For R-1 to R-4 : Mr.C.Venkatesh Kumar, Special Government Pleader. * * *