MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN WP No.29422 of 2025 and WMP No.32968 of 2025 Prakasam

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.10.2025
CORAM
THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
WP No.29422 of 2025 and WMP No.32968 of 2025
Prakasam
S/o.Nagarathinam,
Samburayar Kodangudi, No.56, Nemmeli Village,
Sirkazhi Taluk, Mayiladuthurai District.
Petitioner(s) Vs
The District Collector Mayiladuthurai District and 2 others
Respondent(s)
For Petitioner(s):
Mr.M.Vijaya Ragavan
For Respondent(s):
Mr.K.Karthik Jagannath,
Government Advocate
ORDER
(Order of the Court was made by the Hon’ble Chief Justice)
This public interest litigation seeks to raise an issue with regard to raising of new buildings of the Primary Health Centre and Panchayat Office on the land which has been recorded as water body.
2. What is reflected from the counter affidavit is that on the land in dispute, the Primary Health Centre is being run since many decades and the public interest litigation was filed only when the dilapidated building was demolished and new structure was raised. We also find from the counter that on this land, which is recorded as Karikulam, there are as many as six structures, which accommodate public buildings used by the people at large.
3. We are inclined to pass a detailed order in the matter. The State shall submit appropriate proposal for shifting of these buildings so as to clear the water body, within eight weeks. In the meantime, the remaining area of Karikulam shall not be allowed for raising any construction whatsoever.
4. We find that, in many cases, various public buildings are being constructed on water bodies. Such constructions obviously must have been permitted by an authority, under his sanction, without verifying from the records as to the nature of the land.
5. We, accordingly, are inclined to direct the State Government to issue necessary directions/circular to the effect that if any public building/institution is found constructed on a water body, appropriate disciplinary action and action towards recovery of monetary loss caused to the public exchequer shall be initiated against the authority, who granted sanction for construction.
6. A copy of the circular issued be placed for perusal of this court on the next date of hearing.
7. List the matter on 3.12.2025.
(MANINDRA MOHAN SHRIVASTAVA,CJ) (G.ARUL MURUGAN,J)
08.10.2025
Note to Registry:
Mark a copy of this order to the Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai.
sasi
To:
1. The District Collector Mayiladuthurai District.
2. The Revenue Divisional Officer Sirkazhi, Mayiladuthurai District.
3. The Tahsildar
Sirkazhi Taluk,
Mayiladuthurai District.