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2026 DAILYLAW 95066 (MAD)

M.Kurus Celine Rani v. The District Collector

WP(MD)/4560/2026 · 2026-02-19

B Pugalendhi, G R Swaminathan

Transfer Petitionbody2026

Judgment text

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1 W.P.(MD)NO.4560 OF 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2026 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.4560 of 2026 M.Kurus Celine Rani ... Petitioner Vs. 1. The District Collector, O/o.The District Collector, Nagercoil, Kanyakumari District. 2. The Superintending Engineer, Public Works Department, P.W.D.Office Road, Nagercoil, Kanyakumari District. 3. The Executive Engineer, Public Works Department(WRO), PWD Office Road, Nagercoil, Kanyakumari District – 629 001. 4. The Junior Engineer, PWD Office Road, Nagercoil, Kanyakumari District – 629 001. 1/6 https://www.mhc.tn.gov.in/judis 2 W.P.(MD)NO.4560 OF 2026 5. The Tahsildar, Agasteeswaram Taluk, Nagercoil, Kanyakumari District – 629 001. 6. The Assistant Executive Engineer, Water Resources Department, Palayaru Basin Sub Division, Nagercoil, Kanyakumari District. 7. The Assistant Executive Engineer, Irrigation Section, Water Resources Department, Mylaudy, Kanyakumari District. ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, issuing a Writ of Mandamus, directing the respondents 1 to 7 to remove the unlawful encroachments made in the water body situated in survey Nos.464/1, 533 and 486 of Marungoor Village, Agasteeswaram Taluk, Kanyakumari District and restore the same to its original state, in the light of the order passed by the sixth respondent vide letter No.45/1471/2025 dated 29.05.2025 within a time frame stipulated by this Court. For Petitioner : Mr.G.Anto Prince For Respondents : Mr.C.Venkatesh Kumar, Special Government Pleader. * * * 2/6 https://www.mhc.tn.gov.in/judis 3 W.P.(MD)NO.4560 OF 2026 O R D E R Heard both sides. 2. The petitioner is a resident of Marungoor Village. She alleges that there are encroachments in the petition-mentioned water body. She wants the same to be removed. 3. When the matter was taken up for hearing, the learned Special Government Pleader admitted that the petition-mentioned survey numbers have been classified as water body in the revenue record. He submitted that the Tahsildar is proposing to conduct survey in pursuant to the request made by the Water Resources Department. The Tahsildar, Agastheeswaram Taluk would conduct survey on 25.02.2026. 4. It appears that notices have not been issued to the interested parties. We direct the Tahsildar, Agastheeswaram Taluk to issue notice to all persons concerned before conducting survey. Based on the survey results, Form-I notices will be issued. Thereafter, if the 3/6 https://www.mhc.tn.gov.in/judis 4 W.P.(MD)NO.4560 OF 2026 encroachments are noticed, respondents 6 and 7 will take all remedial steps to have encroachments removed. The entire exercise will be completed within a period of four months from the date of receipt of a copy of this order. This writ petition stands disposed of accordingly. No costs. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 19.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To: 1. The District Collector, O/o.The District Collector, Nagercoil, Kanyakumari District. 2. The Superintending Engineer, Public Works Department, P.W.D.Office Road, Nagercoil, Kanyakumari District. 3. The Executive Engineer, Public Works Department(WRO), PWD Office Road, Nagercoil, Kanyakumari District – 629 001. 4/6 https://www.mhc.tn.gov.in/judis 5 W.P.(MD)NO.4560 OF 2026 4. The Junior Engineer, PWD Office Road, Nagercoil, Kanyakumari District – 629 001. 5. The Tahsildar, Agasteeswaram Taluk, Nagercoil, Kanyakumari District – 629 001. 6. The Assistant Executive Engineer, Water Resources Department, Palayaru Basin Sub Division, Nagercoil, Kanyakumari District. 7. The Assistant Executive Engineer, Irrigation Section, Water Resources Department, Mylaudy, Kanyakumari District. 5/6 https://www.mhc.tn.gov.in/judis 6 W.P.(MD)NO.4560 OF 2026 G.R.SWAMINATHAN,J. AND B.PUGALENDHI, J. PMU W.P.(MD)No.4560 of 2026 19.02.2026 6/6 https://www.mhc.tn.gov.in/judis