Dismissed¶33

Mugebur Rahman v. the District Collector

Madras HC17 Mar 2026WP/10430/2026

Case brief

AI extract

What is this about?

Writ petition dismissed; show cause notice no cause for writ; Form III Eviction Notice dated 06.02.2026; Tamil Nadu Protection of Tanks and Eviction Act, 2007; encroachment in water body removal; enforcement action within twelve weeks; Article 226 certiorarified mandamus; Town Survey Land Register; District Collector Chengalpattu; Tahsildar Pallavaram; Assistant Engineer PWD Water Resources Padappai; neutral citation 2026:MHC:1164.

What did the court decide?

None to the petitioner; writ petition dismissed with no costs, with a direction to the respondents to conclude the enforcement action within twelve weeks from receipt of a copy of the order. ¶33

Mugebur Rahman Vs the District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

None to the petitioner; writ petition dismissed with no costs, with a direction to the respondents to conclude the enforcement action within twelve weeks from receipt of a copy of the order.

¶33

Issue for consideration

Whether the impugned Form III Eviction Notice dated 06.02.2026 issued by the 3rd respondent should be quashed as illegal, arbitrary and without jurisdiction +2 more

¶17

Court's answer

A show cause notice would not provide any cause for institution of a writ proceeding.

¶25

Ratio / Principle

Since an explanation has already been submitted to the earlier show cause notice, the authorities have to proceed further, take a final decision and act on identification of encroachments in the water body.

¶26

Key takeaways

Encroachments in a water body cannot be compromised and, as per the judgments of the Hon'ble Apex Court and this Court, are to be removed by following the procedures contemplated under the statutes and Rules.obiter¶27
The respondents are directed to conclude the enforcement action within a period of twelve weeks from the date of receipt of a copy of the order.ratio¶32

Detailed headnote1 paragraphs

Madras High Court (S.M. Subramaniam and K. Surender JJ.; order by S.M. Subramaniam J.), WP No. 10430 of 2026, decided 17-03-2026: Dismissed a writ petition (Art. 226, certiorarified mandamus) seeking quashing of a Form III Eviction Notice dated 06.02.2026 issued by the Assistant Engineer, Water Resources Department (3rd respondent) as a show cause notice under the Tamil Nadu Protection of Tanks and Eviction Act, 2007, and seeking a direction to act on Town Survey Land Register entries. Holding that a show cause notice affords no cause for instituting writ proceedings, and noting that an earlier show cause notice of 19.09.2025 had already drawn an explanation from the petitioner, the Court observed that encroachments in water bodies cannot be compromised and must be removed per statutory procedures, and directed the respondents to conclude the enforcement action within twelve weeks. No costs; connected miscellaneous petitions closed.

¶1

2026:MHC:1164

¶2

WP No. 10430 of 2026

¶3

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶4

DATED: 17-03-2026

¶5

CORAM

¶6

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

¶7

AND

¶8

THE HON'BLE MR.JUSTICE K. SURENDER

¶9

WP No. 10430 of 2026

Mugebur Rahman

..Petitioner(s)

The District Collector Chengalpattu, Chengalpattu district

¶14

The Tahsildar Pallavaram Taluk office, Pallavaram, Chennai

¶15

The Assistant Engineer PWD Irrigation Section, Water Resource Department, Padappai 601 301

¶16

..Respondent(s)

¶17

Writ Petition filed under Article 226 of Constitution of India for issuing certiorarified mandamus calling for the entire records pertaining to the impugned Form III Eviction Notice dated 06.02.2026 issued by the 3rd respondent quash the same as being illegal, arbitrary and without jurisdiction and consequently direct the 3rd respondent to consider and act in accordance with the entries contained in the Town Survey Land Register relating to the petitioners property.

¶18

For Petitioner(s): Mr.S.Gunaseelan For Respondent(s): MR.T.Arun kumar Additional Government Pleader

¶19

Page1 of 4

¶20

https://www.mhc.tn.gov.in/judis

¶21

WP No. 10430 of 2026

¶22

ORDER

¶23

(Order of the Court was made by S.M.Subramaniam J.)

¶24

Show cause notice issued under Tamil Nadu Protection of Tanks and Eviction Act, 2007 by the Assistant Engineer, Water Resources Department, dated 06.02.2026 is under challenge in the present writ proceeding.

¶25

Show cause notice would not provide any cause for institution of writ proceeding.

¶26

Show cause notice has already been issued on 19.09.2025, and learned counsel for the petitioner would submit that explanation has already been submitted. If so, authorities have to proceed further, after taking a final decision and on identification of encroachments in water body.

¶27

Encroachments in water body at no circumstance be compromised, and as per the judgments of the Hon’ble Apex Court and this Court, encroachments in water body are to be removed by following the procedures as contemplated under the statutes and Rules.

¶28

Page2 of 4

¶29

https://www.mhc.tn.gov.in/judis

¶30

WP No. 10430 of 2026

¶31