A.Vadivel Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

A.Vadivel Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petitions dismissed; no costs; connected miscellaneous petitions closed. Liberty preserved to petitioners to place their documents before the competent authorities; respondents directed to conclude enforcement actions per the procedures under the Act as expeditiously as possible.

Issue for consideration

Whether the writ petitions challenging the Form-III (Rule 6(1)) show cause notice dated 12.07.2025 issued under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 are entertainable, given that the alleged encroachments are identified in water bodies. +1 more

Court's answer

The writ petitions are not entertainable, since the alleged encroachments are identified in water bodies; if the petitioners have any documents, they are at liberty to place them before the competent authorities.

Ratio / Principle

The respondents are directed to conclude the enforcement actions in entirety by following the procedures contemplated under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007, as expeditiously as possible; the explanations already submitted by the petitioners stand sent for verification to the revenue authorities.

Detailed headnote1 paragraphs

Batch of six writ petitions (lead case W.P.No.37015 of 2025) under Article 226 seeking certiorarified mandamus to quash a Form-III (Rule 6(1)) show cause notice dated 12.07.2025 issued by the 3rd respondent, Assistant Engineer, Water Resources and Irrigation Department, under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007, in respect of Survey No.76/2, Manalurpet Village, Vanapuram Taluk, Kallakurichi District, where the petitioners' houses were alleged to be encroachments. Held (common order, S.M. Subramaniam and C. Kumarappan, JJ.): instead of submitting explanations to the show cause notices, the petitioners filed writ petitions which are not entertainable, since the alleged encroachments are identified in water bodies; petitioners were left at liberty to place any documents before the competent authorities. On the submission of the Special Government Pleader that enforcement actions had been initiated and clarifications sought from revenue authorities, the respondents were directed to conclude the enforcement actions in entirety by following the procedures contemplated under the Act as expeditiously as possible, the explanations already submitted having been sent for verification to the revenue authorities. Writ petitions dismissed with no costs; connected miscellaneous petitions closed.

W.P.Nos.37015 of 2025 etc. batch

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2025

CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

W.P.Nos.37015, 37021, 37029, 37034, 37044 & 37048 of 2025 and W.M.P.Nos.41410, 41396, 41401, 41411, 41417, 41431, 41440 41393, 41415, 41433, 41439, 41404 of 2025

W.P.No.37015 of 2025

A.Vadivel,

S/o Anandhan

... Petitioner

Vs.

The District Collector, Kallakurichi District, Kallakurichi – 606 202.

The Thasildhar, Vanapuram Taluk (Pagandai Koottu Road), Pagandai Kootu road, Kallakurichi District. Pin Code – 605 801.

3. Assistant Engineer,

Water Resources and irrigation Department, Middle Pennaiyar Basin Division, vanapuram Section Sub Division, Vanapuram,

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W.P.Nos.37015 of 2025 etc. batch

Thiruvannamalai District. Pin code – 606 753

The Executive Officer, Manalurpet Town Panchayath, Manalurpet Post, Vanapuram Taluk, Kallakurichi District.

The Assistant Engineer,

TNEB, Manalurpet, Vanapuram Taluk, Kallakurichi District Pin code 605 754 ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records on the file of the 3rd respondent culminated in form III Rule 6(1) dated 12.07.2025 issued under the Tamil Nadu Protection of Tanks and eviction

of Encroachment Act, 2007, in respect of Survey No.76/2, Manalurpet Village, Vanapuram Taluk, Kallakurichi district and quash the same and consequently direct the 3rd respondent not to demolish or remove the petitioner’s house constructed in Survey No.76/2, Manalurpet Village, Vanapuram Taluk, Kallakurichi District alleging as encroachment.

For Petitioner in all W.P.s : Mr.K.Dillibabu For Respondents in all W.P.s : Mr.A.Selvendran, Spl.Govt.Pleader for R1 to R3 Mr.G.Nanmaran, Spl.Govt.Pleader for R4

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W.P.Nos.37015 of 2025 etc. batch

COMMON ORDER

S.M.SUBRAMANIAM,J.

The show cause notice issued in Form-III under Tamil the Nadu

Protection of Tanks and Eviction of Encroachment Act, 2007 is under

challenge in the present writ proceedings.

Instead of submitting explanation, the petitioner s hav e chosen to

file the writ petitions which a r e not entertainable, since the alleged

encroachments are identified in water bodie s. If at all the petitioners

hav e got any documents, they are at liberty to place it before the

competent authorities.

Learned Special Government Pleader, based on instructions,

would submit that enforcement action s had been initiated to remove the

encroachments from water bodies. Certain clarifications a r e sought for,

from revenue authorities s o as to confirm that the encroachments are

made in water bod ies . Therefore, the authorities will complete the

enforcement action s in entirety by following the procedures a s contemplated under the Act as expeditiously as possible.

As far as the petitioners are concerned, the explanation already

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W.P.Nos.37015 of 2025 etc. batch

submitted by the petitioner s ha d been sent for verification to the revenue

authorities. Thus, the respondents are directed to conclude the

enforcement action s as expeditiously as possible.

With the above observations, the Writ Petitions stand dismissed.

No costs. Consequently, connected miscellaneous petitions are closed.

( S.M.S.,J.) (C.K.,J.)

09.12.2025

vsi

Index : Yes Speaking order : Yes

To

The District Collector, Kallakurichi District, Kallakurichi – 606 202.

The Thasildhar, Vanapuram Taluk (Pagandai Koottu Road), Pagandai Kootu road, Kallakurichi District. Pin Code – 605 801.

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Assistant Engineer,

Water Resources and irrigation Department, Middle Pennaiyar Basin Division, vanapuram Section Sub Division, Vanapuram, Thiruvannamalai District.

Pin code – 606 753

The Executive Officer, Manalurpet Town Panchayath, Manalurpet Post, Vanapuram Taluk, Kallakurichi District.

The Assistant Engineer, TNEB, Manalurpet, Vanapuram Taluk, Kallakurichi District Pin code 605 754

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W.P.Nos.37015 of 2025 etc. batch

S.M. SUBRAMANIAM, J. and C.KUMARAPPAN,J.

vsi

W.P.Nos.37015, 37021, 37029, 37034, 37044 & 37048 of 2025

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W.P.Nos.37015 of 2025 etc. batch

09.12.2025

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