W.P.No.19636 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.07.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P.No.19636 of 2021 M.Kanakarajan ... Petitioner Vs. 1.The District Collector, Cuddalore Collectorate Office, Gundu Salai Rd, Alpet, Manjakuppam, Cuddalore, Tamil Nadu – 607 001. 2.The Sub Collector, Sub Collector Office, Saradharam Mubarak Diamond Apartments, No.1, Lalkhan Street, Chidambaram, Cuddalore, Tamil Nadu – 608 001. 3.The Tahsildar, Office of Tahsildar, Bhuvanagiri Taluk, Cuddalore District. 4.The Public Works Department Assistant Engineer, Bhuvanagiri Taluk, Cuddalore District. 5.The President/Commissioner, Mel Bhuvanagiri Town Panchayat, Bhuvanagiri Taluk, Cuddalore District – 608 601. Page Nos.1/7 https://www.mhc.tn.gov.in/judis W.P.No.19636 of 2021 6.The Block Development Officer, Mel Bhuvanagiri Town Panchayat, Bhuvanagiri Taluk, Cuddalore District – 608 601. 7.The Public Works Department, Kamarajar Promenade, PWD Estate, Chepauk, Triplicane, Chennai, Tamil Nadu 600 005. ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondent authorities 1 to 7 to remove the encroachment in S.Nos.60 and 67 of Mel Bhuvanagiri Village, Bhuvanagiri Taluk, Cuddalore District based on the petitioner's representations dated 31.10.2015 and 20.03.2021. For Petitioner : Mr.S.Kamalesh Kannan For Respondents : Mr.T.K.Saravanan, Additional Government Pleader ORDER [Order of the Court was made by M.SUNDAR, J.,] Owing to there being no representation on 28.07.2025, captioned matter is listed under the cause list caption 'FOR DISMISSAL' today. Mr.S.Kamalesh Kannan, learned counsel on record for writ Page Nos.2/7 https://www.mhc.tn.gov.in/judis W.P.No.19636 of 2021 petitioner expresses regret for missing the matter on 28.07.2025 and tenders an apology. We accept the apology. Cause list caption 'FOR DISMISSAL' is deleted and the captioned matter is taken up. 2. Captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity) has been filed with RoE (Removal of Encroachment) prayer qua 'Survey Nos.60 and 67 in Mel Bhuvanagiri Village, Bhuvanagiri Taluk, Cuddalore District' (hereinafter 'said land' for the sake of convenience and clarity). 3. Mr.S.Kamalesh Kannan, learned counsel on record for writ petitioner and Mr.T.K.Saravanan, learned Additional Government Pleader for all the respondents are before us. 4. Case of the writ petitioner is that said land is a waterbody, there is encroachment in the said waterbody, it acts as a channel for writ petitioner's agricultural land and the encroachment is obstructing irrigation. 5. Learned State counsel in his usual fairness submits that crematorium stage for performing last rites has been built by R5 and Page Nos.3/7 https://www.mhc.tn.gov.in/judis W.P.No.19636 of 2021 R6 for the benefit of the local populace/citizenry but as it is a waterbody, the same is to be removed. Elaborating on this, learned State counsel submitted that when RoE proceedings commenced, it met with resistances from the local populace. Thereafter, peace committee meetings were held and it is now decided to shift crematorium and crematorium stage to an adjacent land being 'Survey No.179 in Mel Bhuvanagiri Village, Bhuvanagiri Taluk, Cuddalore District' (hereinafter 'relocation land' for the sake of convenience and clarity). 6. Learned State counsel submits that the structure in said waterbody/said land will be demolished on crematorium and crematorium stage being shifted to relocation land. It is also submitted that this exercise will be completed as expeditiously as the business of official respondents permits but in any event within fourteen weeks from today i.e., on or before 15.11.2025. 7. This Court is of the considered opinion that recording the stated position of learned State counsel will suffice for giving a closure to the captioned WP. We do so. Page Nos.4/7 https://www.mhc.tn.gov.in/judis W.P.No.19636 of 2021 8. Captioned WP is disposed of in the aforesaid manner, recording the stated position of learned State counsel. There shall be no order as to costs. (M.S.,J.) (H.C.,J.) 30.07.2025 Index : Yes / No Neutral Citation : Yes / No mmi To 1.The District Collector, Cuddalore Collectorate Office, Gundu Salai Rd, Alpet, Manjakuppam, Cuddalore, Tamil Nadu – 607 001. 2.The Sub Collector, Sub Collector Office, Saradharam Mubarak Diamond Apartments, No.1, Lalkhan Street, Chidambaram, Cuddalore, Tamil Nadu – 608 001. 3.The Tahsildar, Office of Tahsildar, Bhuvanagiri Taluk, Cuddalore District. 4.The Public Works Department Assistant Engineer, Bhuvanagiri Taluk, Cuddalore District. Page Nos.5/7 https://www.mhc.tn.gov.in/judis W.P.No.19636 of 2021 5.The President/Commissioner, Mel Bhuvanagiri Town Panchayat, Bhuvanagiri Taluk, Cuddalore District – 608 601. 6.The Block Development Officer, Mel Bhuvanagiri Town Panchayat, Bhuvanagiri Taluk, Cuddalore District – 608 601. 7.The Public Works Department, Kamarajar Promenade, PWD Estate, Chepauk, Triplicane, Chennai, Tamil Nadu 600 005. Page Nos.6/7 https://www.mhc.tn.gov.in/judis W.P.No.19636 of 2021 M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mmi W.P.No.19636 of 2021 30.07.2025 Page Nos.7/7 https://www.mhc.tn.gov.in/judis