Dismissed¶38

Manogaran M v. the District Collector

Madras HC8 Apr 2026WP/12611/2026

Case brief

AI extract

What is this about?

Writ petition against Form-III Eviction Notice; Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (Tamil Nadu Act 8 of 2007); Tanks Act; no writ against show cause notice maintainable; Government Poromoboke Canal; water body classification; encroachment eviction; Assistant Engineer PWD Water Resources competent authority; Chengalpattu District Collector; Tahsildar Pallavaram; Article 226 certiorari; liberty to submit explanation and documents; adjudication and enforcement within twelve weeks; Madras High Court Division Bench; dismissed, no costs.

What did the court decide?

No writ petition is maintainable against a show cause notice; the authorities must be provided an opportunity to adjudicate the issues on merits by affording an opportunity to the alleged encroachers. ¶33

Manogaran M Vs the District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Maintainability of the writ petitions challenging the Form-III Eviction Notice — whether a writ petition lies against a show cause notice. +1 more

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Court's answer

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Ratio / Principle

Petitioners who possess documents to establish that the subject property is not a water body are at liberty to submit those documents along with their explanation to the respondents.

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Key takeaways

On receipt of the explanations and documents, the competent authority shall consider the representations, take a final decision and pass appropriate orders, and thereafter proceed with enforcement action in respect of the water body; the exercise shall be completed within twelve weeks from receipt of a copy of the order.ratio¶37

Detailed headnote1 paragraphs

Madras High Court, Division Bench (S.M. Subramaniam and K. Surender, JJ.), common order dated 08.04.2026 dismissing six writ petitions under Article 226 of the Constitution of India seeking certiorari to quash Form-III Eviction Notices dated 06.02.2026 issued by the Assistant Engineer, PWD Irrigation Section, Water Resource Department (3rd respondent) under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (Tamil Nadu Act 8 of 2007), after inspection found the subject property classified as 'Government Poromoboke Canal', a water body. Held: no writ lies against a show cause notice; the authorities must be afforded an opportunity to adjudicate the issues on merits after hearing the alleged encroachers. Petitioners claiming the property is not a water body may submit their documents and explanation; the competent authority shall consider the representations, take a final decision, pass appropriate orders and thereafter proceed with enforcement, completing the exercise within twelve weeks. Writ petitions dismissed; connected miscellaneous petitions closed; no order as to costs.

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W.P.Nos.12611, 12614, 12644, 12647, 12667 and 12672 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.04.2026

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CORAM

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THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND

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THE HON'BLE MR.JUSTICE K. SURENDER

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W.P.Nos.12611, 12614, 12644, 12647, 12667 and 12672 of 2026

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and

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W.M.P.Nos.13758, 13761, 13801, 13804, 13828 and 13835 of 2026

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Manogaran M S/o.Manikam ... Petitioner in W.P.No.12611 of 2026

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Santhoshkumar M S/o.Muthu ... Petitioner in W.P.No.12614 of 2026 Puppy W/o.Moorthy ... Petitioner in W.P.No.12644 of 2026 M.Karthikeyan S/o.Munusamy ... Petitioner in W.P.No.12647 of 2026 Murugan S/o.Balaraman ... Petitioner in W.P.No.12667 of 2026 Srinivasa Babu S/o.Baskar ... Petitioner in W.P.No.12672 of 2026

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Page Nos.1/6

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

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W.P.Nos.12611, 12614, 12644, 12647, 12667 and 12672 of 2026

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vs.

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The District Collector Chengalpattu Chengalpattu District.

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The Tahsildar Pallavaram Taluk Office Pallavaram, Chennai.

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The Assistant Engineer, PWD Irrigation Section, Water Resource Department Padappai – 601 301. … Respondents in all WPs

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Writ Petitions filed under Article 226 of the Constitution of India seeking a Writ of Certiorari, calling for the entire records pertaining to the impugned Form-III Eviction Notice dated 06.02.2026 issued by the 3^rd respondent, quash the same as being illegal, arbitrary and without jurisdiction.

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For Petitioner in all WPs : Mr.S.Gunaseelan

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For Respondents in all WPs : Mr.A.Selvendran Special Government Pleader

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C O M M O N O R D E R

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[Made by S.M.SUBRAMANIAM, J., ]

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The present writ petitions have been instituted challenging notices issued by the competent authorities under the provisions of “the Tamil Nadu

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Page Nos.2/6

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

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W.P.Nos.12611, 12614, 12644, 12647, 12667 and 12672 of 2026 Protection of Tanks and Eviction of Encroachment Act, 2007 (Tamil Nadu Act 8 of 2007)” {hereinafter “Tanks Act” for the sake of brevity}.

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The authorities, during inspection found that the subject property

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has been classified as “Government Poromoboke Canal” which is a water body. Thus, the notices came to be issued to the encroachers for removal by following procedures.

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The learned counsel for the petitioners would submit that a portion of the property is not a water body and therefore, the Assistant Engineer, Public Works Department, Water Resources Organization, is not the competent authority.

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If at all the petitioners possess any such documents to establish that the subject property is not a water body, they are at liberty to submit those documents along with his explanation, if any, defending their case. However, no writ against a show cause notice is maintainable and the authorities must be provided with an opportunity to adjudicate the issues on merits by affording an opportunity to the alleged encroachers. This being

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Page Nos.3/6

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

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W.P.Nos.12611, 12614, 12644, 12647, 12667 and 12672 of 2026

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the procedure, petitioners are at liberty to submit their respective explanation along with documents, if any, to the respondents and on receipt of the same, the competent authority shall consider the representations, take a final decision and pass appropriate orders and thereafter, proceed with the enforcement action in respect of the water body. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

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With the above direction, these Writ Petitions stand dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

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(S.M.S.,J.) (K.S.,J.) 08.04.2026 Index : Yes Neutral Citation : Yes / No Speaking order

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Page Nos.4/6

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

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W.P.Nos.12611, 12614, 12644, 12647, 12667 and 12672 of 2026

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