Madras High Court
P.Balasubramanian vs The District Collector on 19 June, 2025
Author: M.Sundar
Bench: M.Sundar
W.P.No.14078 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.06.2025
CORAM
THE HONOURABLE Mr. JUSTICE M.SUNDAR
AND
THE HONOURABLE Mr. JUSTICE HEMANT CHANDANGOUDAR
W.P.No.14078 of 2024
AND
W.M.P.No.15259 of 2024
P.Balasubramanian .. Petitioner
Vs.
1.The District Collector
O/o.The District Collector
Tirupur, Tirupur District
2.The South Tahsildar
O/o.The South Tahsildar
Sevanthampalayam
Tirupur District
3.The Zonal Deputy Tahsildar
O/o.The South Tahsildar
Sevanthampalayam
Tirupur District
4.The Revenue Inspector
O/o.The Revenue Inspector
Koduvai, Tirupur District
5.Senthilkumar
1/8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 04:28:09 pm )
W.P.No.14078 of 2024
6.Kalamani
7.Sarathamani .. Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying for issue of a writ of mandamus directing the 3rd and
4th respondents to remove the encroachment as per the order of the
2nd respondent vide order in Na.Ka.290/2024/Aa5 dated 21.02.2024 made
by Senthil Kumar, Kalamani, Sarathamani by way of fencing in survey
No.516/2 at Ugayanur Village, Tirupur South Taluk, Tirupur.
For Petitioner : Mr.N.Stalin
For RR 1 to 4 : Mr.T.K.Saravanan
Additional Government Pleader
For RR 5 to 7 : Mr.N.Ponraj
ORDER
(made by M.SUNDAR, J.)
Subject matter of captioned main 'writ petition' [hereinafter 'WP'
for the sake of brevity] is 'Survey No.516/2 situate in Ugayanur Village,
Tirupur South Taluk, Tirupur District' [hereinafter 'said property' for the
sake of convenience and clarity].
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 04:28:09 pm )
2. Mr.N.Stalin, learned counsel for writ petitioner, submits that the
said property has been classified in the revenue records as odai (stream).
It is further submitted that private respondents (R5 to R7) have
encroached upon said property. Proceedings have been commenced
under 'The Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act
III of 1905)' [hereinafter 'said 1905 Act' for the sake of brevity], there is
no action and that has necessitated the captioned WP, is learned counsel's
further say.
3. Notice of motion was issued on 23.05.2024 by Vacation Bench.
Today, Mr.T.K.Saravanan, learned Additional Government Pleader for
R1 to R4 and Mr.N.Ponraj, learned counsel for R5 to R7 (private
respondents) are before us. This Court, with the consent of all three
counsel, took up the main WP and heard out the same.
4. Adverting to proceedings of R2 dated 21.02.2024 bearing
Na.Ka.290/2024/Aa5, learned counsel for R5 to R7 (private
respondents), submits that the writ petitioner is an encroacher qua said
property. Learned counsel for writ petitioner submits to the contrary and
adverting to Section 6 order (Section 6 of said 1905 Act) made by R2,
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 04:28:09 pm )
submits that R5 to R7 (private respondents) are encroachers. We express
no view or opinion on the rival submissions, in the light of the order
which we propose to make.
5. As the said property is a water body, 'The Tamil Nadu Protection
of Tanks and Eviction of Encroachment Act, 2007 (Tamil Nadu Act 8 of
2007)' [hereinafter 'Tanks Act' for the sake of brevity] will come into
play. As regards the procedure to be followed qua Tanks Act,
T.K.Shanmugam case [T.K.Shanmugam Vs. State of Tamil Nadu]
reported in 2015 (5) LW 397 has laid down a mechanism and the same is
articulated at sub sub-paragraphs (i) to (iii) of sub-paragraph (f) of
paragraph 15 and the same read as follows:
'15.Certain provisions of Tank Act namely, Sections 4 to 10 were
challenged in a Writ Petition with a prayer to declare those provisions
as null and void and contrary to Article 14 of the Constitution of
India on the ground that those provisions confer upon the executive,
unguided and uncanalised discretionary power, since they denied to
the persons aggrieved an opportunity of being heard. The said Writ
petition was heard by a Division Bench to which one of us
(M.Sathyanarayanan,J.) was a party. The Division Bench took note of
the various decisions including the decision in the case of Sivakasi
Region Tax Payers Association (supra), disposed of the Writ
Petitions without declaring the provisions of the Act as
unconstitutional, since no opportunity is given and held that there is
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 04:28:09 pm )
nothing in the Act which excludes the principles of natural justice,
the Act (Tank Act) does not specifically indicate that the encroachers
do not have right to be heard and issued the following directions vide
judgment dated 10.02.2010, reported in 2010 3 MLJ 771.
(a) .....
(b) .....
(c) .....
(d) ......
(e) .....
(f) We uphold the Act, while we provide for observance of
principles of natural justice within the Act itself, as under.
(i) When the officer of the Public Works Department
publishes the notice in Form-II in the notice boards of the
offices of Village Administrative Officer, Village Panchayat
Office and the Water Resources Organization, notice shall
also be issued to the alleged encroacher to the effect that the
survey indicates that the place in his/her occupation is an
encroachment and secondly, the notice in Form-III of the
Rules may be issued.
(ii) On receipt of the said notice, the encroacher may give
his/her objections relating to the classification of the land in
his/her occupation and the nature of the encroachment
within a period of two weeks.
(iii) Thereafter, the authorities shall consider the
objections and pass appropriate orders, in accordance with
the provisions of the Act, giving time to the encroachers to
remove the encroachment.'
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 04:28:09 pm )
6. In the light of the narrative and discussion thus far, we make the
following order :
i. R2 and R3 along with R4 shall now make a joint survey of
the said property i.e., survey No.516/2 situate in Ugayanur
Village, Tirupur South Taluk, Tirupur District, after putting
on notice, the writ petitioner as well as R5 to R7 and draw
up a report;
ii. The above joint survey shall be done by R2 to R4 within six
weeks from today i.e., on or before 31.07.2025;
iii. Based on the report drawn up by R2 and R3 jointly, action
shall be commenced under the Tanks Act qua alleged
encroachers.
iv. When alleged encroachers are visited with notice under the
Tanks Act, all their rights and contentions will stand
preserved for the noticees to respond;
v. The proceedings thus far made under the said 1905 Act qua
said property stand effaced.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 04:28:09 pm )
7. Captioned main WP stands disposed of in the aforesaid manner.
Consequently, captioned WMP stands disposed of as closed. There shall
be no order as to costs.
(M.S., J.) (H.C., J.)
19.06.2025
Index : Yes/No
Neutral Citation : Yes/No
gya
To
1.The District Collector
O/o.The District Collector
Tirupur, Tirupur District
2.The South Tahsildar
O/o.The South Tahsildar
Sevanthampalayam
Tirupur District
3.The Zonal Deputy Tahsildar
O/o.The South Tahsildar
Sevanthampalayam
Tirupur District
4.The Revenue Inspector
O/o.The Revenue Inspector
Koduvai, Tirupur District
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 04:28:09 pm )
M.SUNDAR, J.
AND
HEMANT CHANDANGOUDAR, J.
gya
19.06.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 04:28:09 pm )
