High Court · 2025

W.P.(MD)No.6147 of 2023BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 04.12.2025CORAMTHE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN andTHE HONOURABLE MR.JUSTICE B.PUGALENDHIW.P(MD)No.6147 of 2023P.Muthu ... Petitioner Vs.1.The Inspector General of Registration, No.100, Santhome High Road, Chennai-600 028.2.The Inspector General of Police, South Zone, No.77, Race Course Road, Madurai-625 002.3.The Deputy Inspector of Registration, Integrated Registration Office, Thirumohur Road, Rajagambeeram, Othakkadai, Madurai.4.The Deputy Inspector of Registration, Integrated Registration Office, Ramanathapuram Region, Ramanathapuram District.1/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.6147 of 20235.The District Collector, Madurai District, Madurai-625 020.6.The District Revenue Officer, Madurai District, Madurai.7.The District Registrar, Madurai South Registration District, No.171, Palace Road, Madurai-625 001.8.The Revenue Divisional Officer, Kappalur, Opp.Thiyagaraja Mill, Thirumangala, Madurai-625 106.9.The Tahsildar, Thirupparankundram Taluk, Madurai District.10.The Inspector of Police, District Crime Branch, Madurai.11.The Sub Registrar, Joint-I, Madurai South, No.171, Palace Road, Madurai-625 001.12.First Factoring (India) Pvt., Limited, Old No.71, Door No.12, 3rd Main Road, Kasthuribai Nagar, Adayar, Chennai-600 020.2/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.6147 of 202313.KERN Enterprises Pvt., Limited, 29/3, Aruppukottai Road, Valaiyankulam Village, Madurai-625 022. ... RespondentsPrayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 5, 6, 8 and 9 to remove the encroachment made by the respondents 12 and 13 in the water body namely Pallakkundu Oorani to an extent of 1.69.5 hectares in 4.19 acres at S.F.no. 34 Valaiyankulam Village, Thirupparankundram Taluk, Madurai District.For Petitioner :Mr.R.RajaramanFor Respondents:Mr.G.V.Vairam Santhosh Additional Government Pleader for R1 to R9 & R11: Mr.M.Gananasekaran Government Advocate for R10: Mr.M.Kannan for R12 & R13 ORDERHeard both sides.2. The petition mentioned survey number measuring an extent of 4.19 acres is located in the middle of the patta land owned by the respondents 12 & 13. They are said to own around 67 acres of the and. They are running a 3/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.6147 of 2023bonded ware house in their patta land. Survey number in question has not been encroached. No construction has come up. The petitioner's prayer is that the original character of the water body must be restored. 3. We do not find bonafides in the endeavour of the writ petitioner. There are sale deeds attributed to the writ petitioner. W.P.(MD)No.517 of 2010 and W.P.(MD)No.7426 of 2009 had been filed in respect of the very same survey numbers. Those writ petitions were dismissed. Photographs indicating the current position of the said land had been produced before us. It is seen that though the said survey number had been originally classified as water body, it resembles a wild jungle. The learned counsel for the private respondents would claim that it is virtually like a birds sanctuary. An affidavit has been filed by the private respondents stating that they would completely fence the said survey number and see to it that survey number is not encroached at any point of time in future. They are also not claiming any title over the petition mentioned survey number. 4. Paragraph Nos.4 & 5 of the affidavit filed by the private respondents reads as follows:-4/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.6147 of 2023“4. I submit that the tree growth is clearly like a forest and it is wild and very thickly dense. The entire area is covered by such rare trees, plant, animal and bird species. There are different strata of trees, shrubs, herbs and grasses like that of a forest and other wild bushes. Not only that there are huge number of peacocks numbering more than 100 in the said lands. In the bushes under the trees we could find laying of eggs by peacocks and other birds on the trees across the entire are. We could also identify huge number of parrots, Wild Pigeon, various other native and other birds, which due to our lack of knowledge of identification of birds could not be named here. There are also huge number of rabbits, squirrels, snakes and other reptiles and insect forms.5. I submit that the area has naturally evolved from an aquatic water body eco system into a terrestrial forest eco-system sustaining terrestrial life forms and transformed and succeeded from a water body (aquatic) into a forest eco-system (terrestrial) of its own. Therefore, in this naturally evolved eco-system existing on the public property, with huge number of life forms in its own complexity, there re-creation of a water body (aquatic) as such may cause damage to the existing terrestrial eco-system which is also naturally forest like and well evolved. Therefore, we are placing these facts before this Court for suitable guidance and directions in what way the lands in S.F.No.34 with such a dense forest and life form may be maintained. We once again unconditionally undertake that we have never encroached upon the lands in S.F.No.34 or we ever would in any manner utilize / encroach the said lands. Since it is completely surrounded by our own patta land, we only seek indulgence of this Court that this Court may graciously be pleased to permit us to maintain in whatever form either with the forest like eco -system existing or by re-creating a water body. We would abide by any conditions and directions issued in this regard by this Court.” 5/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.6147 of 20235. We direct the official respondents to keep a periodical watch so that the undertaking given by the private respondents before us is honoured in letter and spirit. The writ petition is disposed of accordingly. No costs. [G.R.S., J.] [B.P., J.] 04.12.2025NCC: Yes / NoInternet: Yes / NoIndex : Yes / NormiTo1.The Inspector General of Registration, No.100, Santhome High Road, Chennai-600 028.2.The Inspector General of Police, South Zone, No.77, Race Course Road, Madurai-625 002.3.The Deputy Inspector of Registration, Integrated Registration Office, Thirumohur Road, Rajagambeeram, Othakkadai, Madurai.4.The Deputy Inspector of Registration, Integrated Registration Office, Ramanathapuram Region, Ramanathapuram District.6/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.6147 of 20235.The District Collector, Madurai District, Madurai-625 020.6.The District Revenue Officer, Madurai District, Madurai.7.The District Registrar, Madurai South Registration District, No.171, Palace Road, Madurai-625 001.8.The Revenue Divisional Officer, Kappalur, Opp.Thiyagaraja Mill, Thirumangala, Madurai-625 106.9.The Tahsildar, Thirupparankundram Taluk, Madurai District.10.The Inspector of Police, District Crime Branch, Madurai.11.The Sub Registrar, Joint-I, Madurai South, No.171, Palace Road, Madurai-625 001.7/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.6147 of 2023G.R.SWAMINATHAN, Jand B.PUGALENDHI, J.rmiW.P(MD)No.6147 of 202304.12.20258/8