Madras High Court
Vellaichamy vs The District Collector on 26 March, 2026
Author: G.R.Swaminathan
Bench: G.R.Swaminathan, B.Pugalendhi
1 W.P.(MD)NO.7780 OF 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.03.2026
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MR.JUSTICE B.PUGALENDHI
W.P.(MD)No.7780 of 2026 AND
W.M.P.(MD)No.6358 of 2026
Vellaichamy ... Petitioner
Vs.
1. The District Collector,
Sivagangai District,
Sivagangai.
2. The Sub Collector /Revenue Divisional Officer,
Devakottai,
Sivagangai District.
3. The Tahsildar,
Devakottai Taluk,
Sivagangai District.
4. The Executive Engineer,
PWD(Water Resources Organisation),
Sivagangai.
5. The Inspector of Police,
Devakottai Taluk police station,
Sivagangai District.
6. Rajendran ... Respondents
1/5
https://www.mhc.tn.gov.in/judis
2 W.P.(MD)NO.7780 OF 2026
Prayer: Writ petition filed under Article 226 of the
Constitution of India, issuing a Writ of Mandamus, directing the
respondents 1 to 5 to protect and restore the feeder channel so as to
ensure the free and unobstructed flow of water to Thenniravayal
Kanmai situated in Thenniravayal Village, Udappanpatti, Devakottai
Taluk, Sivagangai District and to conduct a proper survey and
demarcation of the said water channel passing through survey
No.34/7 of Thenniravayal Village, Devakottai Taluk, Sivagangai
District and to remove all encroachments and ensure that the said
water channel is kept free from obstruction and consequently pass
such further or other orders as this Court may deem fit.
For Petitioner : Mr.S.Balamurugan
For Respondents : Mr.C.Venkatesh Kumar,
Special Government Pleader
for R-1 to R-5.
Mr.K.Rajeshwaran for R-6.
***
ORDER
Heard both sides.
2. The petitioner is a resident of Udappanpatti Village. He alleges that the nilaviyal odai that runs through survey No.34/7 of 2/5 https://www.mhc.tn.gov.in/judis 3 W.P.(MD)NO.7780 OF 2026 Thenniravayal Village has been obliterated by the sixth respondent herein. He wants the original position to be restored.
3. The learned Special Government Pleader appearing for the authorities states that though the land in question is a patta land, detail marks shown in the FMB indicate that the nilaviyal odai runs across the said patta land.
4. The learned counsel appearing for the sixth respondent states that if the nilaviyal odai runs on the margin of his land, he would maintain it as such. If it runs through the middle of his land, he seeks permission to approach the jurisdictional authority for realigning the course of the channel. Such permission is granted. In any event, while the course of the nilaviyal odai may be altered, its dimensions have to be maintained as such. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 26.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No 3/5 https://www.mhc.tn.gov.in/judis 4 W.P.(MD)NO.7780 OF 2026 PMU To:
1. The District Collector, Sivagangai District, Sivagangai.
2. The Sub Collector /Revenue Divisional Officer, Devakottai, Sivagangai District.
3. The Tahsildar, Devakottai Taluk, Sivagangai District.
4. The Executive Engineer, PWD(Water Resources Organisation), Sivagangai.
5. The Inspector of Police, Devakottai Taluk police station, Sivagangai District.4/5
https://www.mhc.tn.gov.in/judis 5 W.P.(MD)NO.7780 OF 2026 G.R.SWAMINATHAN,J.
AND B.PUGALENDHI, J.
PMU W.P.(MD)No.7780 of 2026 26.03.2026 5/5 https://www.mhc.tn.gov.in/judis