M.Thonthi Alias Kalyani v. The Secretary to the Government

ORDER Heard the learned counsel appearing for the writ petitioner and the learned Government Advocate appearing for the official respondents. Considering the nature of relief to be granted, issuance of notice to the private respondents is dispensed with.

2.The petitioner is a resident of Melakoodalur Village in Uthamapalayam Taluk. He states that in the petition mentioned survey numbers, the lands have been classified as "water body and cart track", there are encroachments. Encroachment either in water body or in a cart track will come under the objectionable category. The authorities are duty bound to ensure that such encroachments are cleared.

3.We direct the sixth respondent to take action as per law and restore the water body to its original condition. Notices shall be issued to the encroachers and if necessary, assistance from the Forest Department shall also be taken. In any event, the entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

4.This Writ Petition is allowed accordingly. No costs.

[G.R.S., J.] [B.P., J.]

06.11.2025

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

1.The Secretary to the Government, Public Works Department, Fort St.George, Chennai – 600 009.

2.The District Collector / Monitoring Committee,

3.The Executive Engineer, Public Works Department, Water Resources Department, (Periyar Vaigai Division),

4.The Revenue Divisional Officer, Uthamapalayam, Theni District.

5.The Tahsildar, Uthamapalayam Taluk, Uthamapalayam,

6.The Commissioner, Cuddalore Municipality,

7.The Block Development Officer, Cumbum Panchayat Union, Cumbum, G.R.SWAMINATHAN, J and

B.PUGALENDHI, J. MGA

06.11.2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI M.Thonthi @ Kalyani ... Petitioner Vs. 1.The Secretary to the Government, Public Works Department, Fort St.George, Chennai – 600 009. 2.The District Collector / Monitoring Committee, 3.The Executive Engineer, Public Works Department, Water Resources Department, (Periyar Vaigai Division), 4.The Revenue Divisional Officer, Uthamapalayam, 5.The Tahsildar, Uthamapalayam Taluk, Uthamapalayam, 6.The Commissioner, Cuddalore Municipality, 7.The Block Development Officer, Cumbum Panchayat Union, Cumbum, 8.K.Muthan 9.M.Elangovan 10.M.Selvam 11.M.Chinnammal 12.P.Vellai Durai 13.K.Packiya Lakshmi ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to forthwith remove all encroachments on the "Velankulam" pond (5 acres) in Survey No.1102 and the ancient cart track (Vandi Pathai) in Survey Nos.1360, 1361, 1071, 1071/2, 1072/2, 1099, 1100, 1063, 1101/1, 1102, 1103 and 1177 of Melakoodalur Village, Uthamapalayam Taluk, Theni District, and to restore the Pond and cart track to their original classification and status as public utilities. For Petitioner : Mr.V.Janakiramulu For Respondents : Mr.S.Vinodh Government Advocate for R.1 to R.5 Mr.R.Raghavendran Government Advocate for R.7