W.P(MD)No.28302 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.28302 of 2025 and W.M.P(MD)No.22007 of 2025 Swami Nadar ... Petitioner Vs. 1.The District Collector, Kanyakumari District At Nagercoil. 2.The Assistant Director of Town Panchayat, Nagercoil, Kanyakumari District. 3.The Junior Engineer, Water Resources Department (Irrigation), Myladi, Kanyakumari District. 4.The Executive Officer, Marungur Town Panchayat, Marungur, Kanyakumari District. 1/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.28302 of 2025 5.A.Wins Anto 6.V.Murugesapillai ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 1 to 4 from removing the superstructures of Kalaiarangam, play ground, Threshing floor situated in Survey No.404/2 Eraviputhur Village, Marugoor Town Panchayat, Agastheeswaram Taluk, Kanyakumari District except under due process of law. For Petitioner : Mr.V.Sasi Kumar For Respondents : Mr.M.Gangatharan Government Advocate for R.1 to R.3 Mr.S.Vinoth Government Advocate for R.4 Mr.C.T.Perumal for R.5 ORDER Heard both sides. 2.The petitioner wants this Court to forbear the authorities from removing the petition mentioned structures in Survey No.404/2, Eraviputhur Village. We queried the learned counsel for the petitioner as to whether the 2/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.28302 of 2025 petition mentioned survey number has been classified as “water body”in the revenue records. The answer is in the affirmative. Once survey number has been classified as a “water body”, the question of permitting any structure to remain there does not arise at all. The authorities have rightly initiated action and they ought not to be restrained. 3.This Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [B.P., J.] 16.10.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Kanyakumari District At Nagercoil. 2.The Assistant Director of Town Panchayat, Nagercoil, Kanyakumari District. 3.The Junior Engineer, Water Resources Department (Irrigation), Myladi, Kanyakumari District. 3/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.28302 of 2025 G.R.SWAMINATHAN, J and B.PUGALENDHI, J. MGA 4.The Executive Officer, Marungur Town Panchayat, Marungur, Kanyakumari District. W.P(MD)No.28302 of 2025 16.10.2025 4/4 https://www.mhc.tn.gov.in/judis