W.P.(MD)No.2648 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2026 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.(MD)No.2648 of 2021 So.Arikanda Perumal ... Petitioner Vs. 1.The District Collector, Tirunelveli District, Tirunelvlei. 2.The Thasildar, Radhapuram Taluk, Tirunelvlei District. 3.Thavasipaul ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to remove the encroachment made by the 3rd respondent in S.No.94/1E, Chettikulam Village, Radhapuram Taluk, Tirunelveli District on basis of the representation of the petitioner dated 23.09.2020. 1/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2648 of 2021 For Petitioner : Mr.Karthick Raja, For M/s.Ajmal Assocates. For Respondents : Mr.T.Amjadkhan, Government Advocate for R1 & R2. ORDER (Order of the Court was delivered by G.R.Swaminathan, J.) Heard both sides. 2.The petitioner is no more. The third respondent is also no more. The case projected before us is that the encroachment was committed by third respondent in S.No.94/1E, Chettikulam Village by constructing a compound wall. 3.The categorical statement of the official respondents is that the compound wall does not obstruct the free flow of water through the nilaviyal odai. This assertion is denied by the learned counsel for the petitioner. Since disputed questions of fact are involved, the petitioner's legal representatives are given liberty to file a civil suit for enforcing their remedy. 2/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2648 of 2021 4.With the aforesaid liberty, this writ petition is disposed of. No costs. (G.R.S. J.,) & (R.P. J.,) 28.04.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To: 1.The District Collector, Tirunelveli District, Tirunelvlei. 2.The Thasildar, Radhapuram Taluk, Tirunelvlei District. 3/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2648 of 2021 G.R.SWAMINATHAN, J. and R.POORNIMA, J. ias W.P.(MD)No.2648 of 2021 28.04.2026 (1/3) 4/4 https://www.mhc.tn.gov.in/judis