Madras High Court
M.Murali vs The District Collector on 4 June, 2025
Author: M.Sundar
Bench: M.Sundar
W.P.No.17538 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.06.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR
W.P.No.17538 of 2025
M.Murali ... Petitioner
Vs.
1.The District Collector,
Office of the District Collector,
Tiruvallur, Tiruvallur District.
2.The Revenue Divisional Officer,
Office of the Revenue Divisional Officer,
Tiruvallur, Tiruvallur District.
3.The District Deputy Director,
Office of the District Land Survey Department,
Tiruvallur, Tiruvallur District.
4.The Tahsildar,
Office of the Tahsildar,
Gummidipoondi, Tiruvallur District.
5.The Assistant Executive Engineer,
Public Works Department,
Water Resource Department,
Tiruvallur, Tiruvallur District.
6.M/s.Aqua Terra Coke & Energy Limited
rep. By its General Manager,
No.45, Getnamalli Village,
Page Nos.1/8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 03:57:08 pm )
W.P.No.17538 of 2025
Gummidipoondi – 601 201. ... Respondents
Writ Petition filed under Article 226 of The Constitution of India
praying to issue a Writ of Mandamus directing the respondents to
consider and dispose of the petitioner's representation dated
03.01.2022 by restoring the public small pond inter-link canals of big
lake, small pond and other Government land in Getnamallee village.
For Petitioner : Mr.X.Selvam Sounder
For Respondents : Mr.T.K.Saravanan,
Additional Government Pleader
for R1 to R5
ORDER
[Order of the Court was made by M.SUNDAR, J.,]
Subject matter of captioned main 'Writ Petition' [hereinafter 'WP'
for the sake of brevity] is 'waterbodies comprised in Survey Nos.342,
343, 345 and 369/1 all in 45, Getnamallee Village, Gummidipoondi
Taluk, Thiruvallur District' (hereinafter 'said waterbodies' for the sake
of brevity, convenience and clarity).
2. Writ petitioner has sent a 'representation dated 03.01.2022 to
R4 [Tahsildar, Gummidipoondi, Thiruvallur District]' {hereinafter 'said
representation' for the sake of convenience and clarity) seeking
removal of alleged encroachment in said waterbodies.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 03:57:08 pm )
3. Mr.X.Selvam Sounder, learned counsel on record for writ
petitioner, adverting to said representation submits that the captioned
WP is predicated on said representation and said representation in turn
seeks removal of encroachments in said waterbodies. Inaction on the
part of official respondents has necessitated captioned WP is his
further say.
4. Issue notice to official respondents.
5. Mr.T.K.Saravanan, learned Additional Government Pleader
accepts notice for R1 to R5 and submits that as regards the four
waterbodies, with regard to waterbody comprised in Survey No.342,
action has already been initiated under 'The Tamil Nadu Land
Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter
'said 1905 Act' for the sake of brevity} and an order under Section 6
of said 1905 Act has been made by R4. Let these proceedings go on,
on its own merits and in accordance with law and let the same be
carried to its logical end.
6. As regards remaining three waterbodies comprised in Survey
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 03:57:08 pm )
Nos. 343, 345 and 369/1, learned State counsel submits that survey
is in the anvil and depending on the survey outcome, action for
removal of encroachment (if found) will be initiated vide '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).
7. Though obvious, this Court deems it appropriate to make it
clear that due process of law vide Tanks Act necessarily means
adherence to procedure put in place by a Hon'ble Full Bench of this
Court vide T.K.Shanmugam case [T.K.Shanmugam Vs. State of
Tamil Nadu] reported in 2015 (5) LW 397. As regards T.K.
Shanmugam principle, relevant paragraphs are sub sub-paragraphs
(i) to (iii) of subparagraph (f) of paragraph 15 and the same reads 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
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 03:57:08 pm )
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 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
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 03:57:08 pm )
encroachment.'
To be noted, T.K.Shanmugam reiterates T.S.Senthil Kumar
principle [T.S.Senthil Kumar Vs. Government of Tamil Nadu
reported in (2010) 3 MLJ 771] rendered by Hon'ble Coordinate
coequal Division Bench.
8. The above means that the private respondent (R6), who is an
alleged encroacher and/or any other encroachers will be put on
notice/show caused, given an opportunity and action will be subject to
and depending on cause shown / response of noticee/s. Therefore,
captioned main WP is taken up with the consent of learned counsel for
writ petitioner and learned State counsel, dispensing with notice to
private respondent. Though obvious, it is made clear that this order
does not touch upon the rights of private respondent and / or any
other noticee/s under the Tanks Act. This means that all the rights and
contentions of private respondent and/or any other noticee/s stand
preserved for responding suitably when show caused / visited with
notices. Though obvious, for the sake of specificity, it is clarified that
this Court, in instant order, has not expressed any view or opinion one
way or the other regarding alleged encroachment qua said water
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 03:57:08 pm )
bodies.
9. In the light of the narrative thus far, captioned main WP is
disposed of in the aforesaid manner, recording the stated position of
learned State counsel that survey will be done within a period of eight
weeks from today, i.e., on or before 30.07.2025 and action if any,
under the Tanks Act will be commenced as expeditiously as the
business of official respondents would permit but in any event within a
period of eight weeks therefrom i.e., on or before 24.09.2025. There
shall be no order as to costs.
(M.S.,J.) (H.C.,J.)
04.06.2025
Index : Yes / No
Neutral Citation : Yes / No
mmi
To
1.The District Collector,
Office of the District Collector,
Tiruvallur, Tiruvallur District.
2.The Revenue Divisional Officer,
Office of the Revenue Divisional Officer,
Tiruvallur, Tiruvallur District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 03:57:08 pm )
3.The District Deputy Director,
Office of the District Land Survey Department,
Tiruvallur, Tiruvallur District.
M.SUNDAR, J.,
and
HEMANT CHANDANGOUDAR, J.,
mmi
4.The Tahsildar,
Office of the Tahsildar,
Gummidipoondi, Tiruvallur District.
5.The Assistant Executive Engineer,
Public Works Department,
Water Resource Department,
Tiruvallur, Tiruvallur District.
04.06.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 03:57:08 pm )
