W.P(MD)No.17365 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025 CORAM THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD)No.17365 of 2025 and W.M.P(MD)Nos.13236 & 13237 of 2025 K.Sivakumar ... Petitioner Vs. 1.The Tahsildar, Taluk Office, Kumbakonam Taluk, Thanjavur District. 2.The Executive Officer, Arulmighu Santhana Gopala Krishna Swamy Temple, Kumbakonam, Thanjavur District. 3.The Town Surveyor, Kumbakonam Town, Thanjavur District. ...Respondents (R3 is suo motu impleaded by this Court on 26.06.2025) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned notice dated 20.05.2025 issued by the 2nd respondent, quash the same as illegal. 1/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.17365 of 2025 For Petitioner : Mr.A.N.Ramanathan For R1 : Mr.C.Satheesh Government Advocate For R2 : Mr.SS.Madhavan Additional Government Pleader ORDER The petitioner has challenged the impugned notice issued by the 2nd respondent calling upon the petitioner to remove the building constructed by the petitioner on the waterbody in Survey No.1476 of Kumbakonam Town. 2. The Town Surveyor, Kumbakonam Town, Thanjavur District is suo motu impleaded as 3rd respondent. 3. It is the specific case of the petitioner that the petitioner is the owner of the property in Survey No.1487/9 to an extent of 1035 sq.ft and the petitioner has not encroached on the land in Survey No.1476 which is a waterbody. It is further submitted that the impugned notice has been issued by the 2nd respondent pursuant to the order of this Court in Cont.P.No.556 of 2024 and Sub.Appl.Nos.174, 175 of 2024 and 72 of 2025, dated 24.04.2025 without survey. It is noticed that the petitioner has responded to the impugned notice on 13.06.2025. As per the petitioner, he has not encroached on the 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.17365 of 2025 waterbody and that the land of the petitioner is in Survey No.1487/9 measuring an extent of 1035 sq.ft. 4. Considering the above, there shall be a direction to the 2nd respondent to have the land surveyed with the help of 3rd respondent and thereafter, take steps to implement the order, in case the petitioner has encroached into the waterbody of the Temple in Survey No.1476 in Kumbakonam Town. The 3rd respondent is directed to assist the 2nd respondent. Since the survey is proposed to be conducted pursuant to this order, it is made clear that the entire extent in the stretch of land bordering with the respective private property shall be surveyed after issuing notice to the petitioner and the owners of the private property. 5. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 26.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.17365 of 2025 To 1.The Tahsildar, Taluk Office, Kumbakonam Taluk, Thanjavur District. 2.The Executive Officer, Arulmighu Santhana Gopala Krishna Swamy Temple, Kumbakonam, Thanjavur District. 3.The Town Surveyor, Kumbakonam Town, Thanjavur District. 4/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.17365 of 2025 C.SARAVANAN, J. gbg W.P(MD).No.17365 of 2025 26.06.2025 5/5 https://www.mhc.tn.gov.in/judis