W.P.No.39041 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.10.2025 CORAM : THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.No.39041 of 2025 and W.M.P.No.43762 of 2025 Ezhil Murugan S/o.Ayyathurai, No.36, Kallayee Sorathur Village, Kizhpennathur Taluk, Tiruvannamalai District - 605 754. Petitioner Vs 1.The District Collector Tiruvannamalai District Collectorate, Tiruvannamalai District. 2.The Taluk Tahsildar Kizhpennathur Taluk, Kizhpennathur Village, Tiruvannamalai District. 3.The Block Development Officer Block Development Office, Kizhpennathur Village, Tiruvannamalai District. ______________ https://www.mhc.tn.gov.in/judis W.P.No.39041 of 2025 4.Ganesan S/o.Varadharaji, Kallayee Sorathur Village, Kizhpennathur Taluk, Tiruvannamalai District - 605 754. 5.K.Perumal S/o.Karthakannan @ Kannan, Kallayee Sorathur Village, Kizhpennathur Taluk, Tiruvannamalai District - 605 754. 6.P.Annadurai S/o.Pavadai, Kallayee Sorathur Village, Kizhpennathur Taluk, Tiruvannamalai District - 605 754. 7.K.Sigamani S/o.Kannan, Ariyalur Village, Vikravandi Taluk, Villupuram District. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 3 to take appropriate action against the unauthorized and illegal construction of temple being put by respondents 4 to 7 in the name of “Machakal Malaiadivarathil Sri Muneeswarar Alayam” by encroaching the water body-odai (Brook/water stream) comprised in Survey No.25/1 of Kallayee Village, Kizhpennathur Taluk, Tiruvannamalai District along with a pattadar land comprised in Survey No.25/9 and consequently direct respondents 1 to 3 to restore the said water body-odai to its original state. ______________ https://www.mhc.tn.gov.in/judis W.P.No.39041 of 2025 For Petitioner: Mr.Manoj Sreevalsan For Respondents: Mr.A.Edwin Prabakar State Government Pleader for respondent Nos.1 to 3 ORDER (Order of the Court was made by the Hon'ble Chief Justice) A complaint of construction of building/structure on water body by making encroachment requires enquiry by the competent authority. We find that petitioner has made a representation to the District Collector, Tiruvannamalai District. 2. The complaint of such nature alleging encroachment on water body is required to be examined, if not already examined, by the authorities concerned. The District Collector shall issue necessary direction for holding enquiry to verify the allegations levelled in the complaint, after giving opportunity of hearing to those who are alleged to have encroached. The enquiry should be concluded as early as possible, preferably within three months. Writ petition is disposed of accordingly. There shall be no ______________ https://www.mhc.tn.gov.in/judis W.P.No.39041 of 2025 order as to costs. Consequently, interim application stands closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 22.10.2025 Index : Yes/No Neutral Citation : Yes/No sasi To: 1.The District Collector Tiruvannamalai District Collectorate, Tiruvannamalai District. 2.The Taluk Tahsildar Kizhpennathur Taluk, Kizhpennathur Village, Tiruvannamalai District. 3.The Block Development Officer Block Development Office, Kizhpennathur Village, Tiruvannamalai District. ______________ https://www.mhc.tn.gov.in/judis W.P.No.39041 of 2025 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J. (sasi) W.P.No.39041 of 2025 22.10.2025 ______________ https://www.mhc.tn.gov.in/judis