Madras High Court
Lakshmanan vs The Secretary To Government on 26 June, 2025
Author: M.Sundar
Bench: M.Sundar
2025:MHC:1500
W.P.Nos.3503 of 2023, 3515 of 2023, 34573 of 2022, 34889 of 2022 & 34541 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.06.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR
W.P.Nos.3503 of 2023, 3515 of 2023, 34573 of 2022, 34889 of 2022 &
34541 of 2022
Lakshmanan
S/o.Azhakappan ... Petitioner in W.P.No.3503/2023
Thangamani
S/o.Pattusamy ... Petitioner in W.P.No.3515/2023
Thamizharasi
W/o.Veerasamy ... Petitioner in W.P.No.34573/2022
Balakrishnan
S/o.Panjavarnam ... Petitioner in W.P.No.34889/2022
Thillaiyammal
W/o.Ramesh ... Petitioner in W.P.No.34541/2022
vs.
1. The Secretary to Government
Housing Rural and Urban Development Department
Secretariat
Page Nos.1/10
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W.P.Nos.3503 of 2023, 3515 of 2023, 34573 of 2022, 34889 of 2022 & 34541 of 2022
Fort St.George,
Chennai-600 009.
2. The District Collector
Office of the District Collector
Cuddalore District.
3. The Assistant Engineer
Water Resources Organization
Irrigation Department
Virudhachalam - 606 001
Cuddalore District.
4. The Thasildhar
Virudhachalam
Office of the Thasildhar
Virudhachalam Taluk
Cuddalore District. ... Respondents in all WPs
Writ Petition No.3503 of 2023 filed under Article 226 of the
Constitution of India seeking Writ of Mandamus, to direct the respondents
herein to consider the petitioner's representation dated 18.10.2022.
Writ Petition No.3515 of 2023 filed under Article 226 of the
Constitution of India seeking Writ of Mandamus, to direct the respondents
herein to consider the petitioner's representation dated 18.10.2022.
Writ Petition No.34573 of 2022 filed under Article 226 of the
Constitution of India seeking Writ of Mandamus, to direct the respondents
herein to consider the petitioner's representation dated 19.10.2022.
Page Nos.2/10
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W.P.Nos.3503 of 2023, 3515 of 2023, 34573 of 2022, 34889 of 2022 & 34541 of 2022
Writ Petition No.34889 of 2022 filed under Article 226 of the
Constitution of India seeking Writ of Mandamus, to direct the respondents
herein to consider the petitioner's representation dated 18.10.2022.
Writ Petition No.34541 of 2022 filed under Article 226 of the
Constitution of India seeking Writ of Mandamus, to direct the respondents
herein to consider the petitioner's representation dated 17.10.2022.
For Petitioner in all WPs : Mr.A.S.Baalaji
For Respondents in all WPs : Mr.T.K.Saravanan
Additional Government Pleader
*****
COMMON ORDER
[Order of the Court was made by M.SUNDAR J.]
This common order will govern the captioned five 'Writ Petitions'
{hereinafter 'WPs' for the sake of brevity, convenience and clarity}.
2. Mr.A.S.Baalaji, learned counsel on record for writ petitioners and
Mr.T.K.Saravanan, learned Additional Government Pleader for all four
respondents are before us.
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W.P.Nos.3503 of 2023, 3515 of 2023, 34573 of 2022, 34889 of 2022 & 34541 of 2022
3. Owing to the limited legal perimeter within which the captioned
WPs will have to perambulate, with the consent of learned counsel on both
sides, main WPs were taken up and heard out.
4. Each of five writ petitioners was visited with a notice dated
10.10.2022 (issued by R3 - the Assistant Engineer, Water Resources
Organization, Irrigation Department, Virudhachalam - 606 001, Cuddalore
District) which shall hereinafter be collectively referred to as 'said notices'
for the sake of brevity, convenience and clarity. These notices of R3 are
under '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), said notices allege writ petitioners to be encroachers and calls
upon them to remove themselves.
5. Be that as it may, post aforementioned said notices, each of writ
petitioners has sent a separate 'representation dated 18.10.2022, 18.10.2022,
19.10.2022, 18.10.2022 and 17.10.2022' {hereinafter 'said representations'
for the sake of brevity, convenience and clarity} inter alia seeking alternate
accommodation.
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W.P.Nos.3503 of 2023, 3515 of 2023, 34573 of 2022, 34889 of 2022 & 34541 of 2022
6. Learned State Counsel, on instructions, submits that there are as
many as 77 alleged encroachers, notices have been issued, noticees have
sought alternate accommodation, the same is being examined, while some
prima facie appear to be eligible for alternate accommodation and others do
not prima facie appear to be eligible.
7. At the moment, conclusive decision regarding five writ petitioners
qua their request for alternate accommodation vide said representations
have not been taken but learned State Counsel submits, on instructions that
such a decision will be taken and orders will be made by R2 [the District
Collector, Office of the District Collector, Cuddalore District] within eight
weeks from today i.e., on or before 21.08.2025. The decision taken by R2
in the aforesaid manner shall be communicated to each of writ petitioners
(under due acknowledgement) on or before 04.09.2025.
8. Post 04.09.2025 but on or before 18.09.2025, writ petitioners shall
send their response to said notices. If writ petitioners are favoured with
alternate accommodation, obviously they will seek closure of said notices
by citing the same, otherwise, writ petitioners will be show caused. This
mechanism is in tune and tandem with the procedure put in place by a
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W.P.Nos.3503 of 2023, 3515 of 2023, 34573 of 2022, 34889 of 2022 & 34541 of 2022
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 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) .....
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(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.'
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
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W.P.Nos.3503 of 2023, 3515 of 2023, 34573 of 2022, 34889 of 2022 & 34541 of 2022
MLJ 771] rendered by Hon'ble Coordinate coequal Division Bench.
9. The above means that either writ petitioners will get alternate
accommodation or will get an opportunity to meet said notices and learned
State Counsel submits that T.K.Shanmugam principle will be followed.
10. This Court is of the considered view that recording of the stated
position of learned State Counsel will suffice for giving closure to the
captioned WPs. We do so.
Captioned WPs are disposed of as closed in the aforesaid manner.
There shall be no order as to costs.
(M.S.J.,) (H.C.J.,)
26.06.2025
Index : Yes / No
Neutral Citation : Yes
Speaking / Non-speaking
mk
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W.P.Nos.3503 of 2023, 3515 of 2023, 34573 of 2022, 34889 of 2022 & 34541 of 2022
To
1. The Secretary to Government
Housing Rural and Urban Development Department
Secretariat
Fort St.George,
Chennai-600 009.
2. The District Collector
Office of the District Collector
Cuddalore District.
3. The Assistant Engineer
Water Resources Organization
Irrigation Department
Virudhachalam - 606 001
Cuddalore District.
4. The Thasildhar
Virudhachalam
Office of the Thasildhar
Virudhachalam Taluk
Cuddalore District.
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W.P.Nos.3503 of 2023, 3515 of 2023, 34573 of 2022, 34889 of 2022 & 34541 of 2022
M.SUNDAR, J.,
and
HEMANT CHANDANGOUDAR, J.,
mk
W.P.Nos.3503 of 2023, 3515 of 2023, 34573 of 2022, 34889 of 2022 &
34541 of 2022
26.06.2025
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