Felix Edward R Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

Felix Edward R Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Writ petitions dismissed; petitioner given liberty to submit his explanation and documents to the respondents, whose competent authority shall adjudicate, take a final decision and proceed with enforcement action in respect of the water body within twelve weeks; connected miscellaneous petition closed; no order as to costs.

Issue for consideration

Whether the writ petition challenging the show cause notice dated 06.02.2026 issued by the 3rd respondent as illegal, arbitrary and without jurisdiction is entertainable and whether the notice should be quashed. +1 more

Court's answer

No writ petition against a show cause notice is entertainable; the authorities must be afforded an opportunity to adjudicate the issues on merits by giving the alleged encroacher an opportunity to defend his case.

Ratio / Principle

The petitioner is at liberty to submit his explanation along with any documents to the respondents; on receipt, the competent authority shall consider the representation, take a final decision and pass appropriate orders, and thereafter proceed with enforcement action in respect of the water body.

Key takeaways

The adjudicatory exercise directed by the court shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.ratio¶35

Detailed headnote1 paragraphs

Writ Petitions — Show Cause Notice — No writ lies against a mere show cause notice. Felix Edward R filed W.P.No.15312 of 2026 (Madras HC, Art. 226) seeking certiorari to quash a show cause notice 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 Poromboke Canal', a water body. Counsel contended a portion of the property is not a water body and the PWD officer is not the competent authority. The court held that no writ against a show cause notice is entertainable; the petitioner may submit his explanation with documents to the respondents, whereupon the competent authority shall consider the representation, take a final decision, pass appropriate orders and thereafter proceed with enforcement action in respect of the water body, completing the exercise within twelve weeks of receipt of a copy of the order. Writ petitions dismissed; connected miscellaneous petition closed; no order as to costs.

W.P.No.15312 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE K. SURENDER

W.P.No.15312 of 2026 and

W.M.P.No.16520 of 2026

Felix Edward R S/o.Rajapazham

... Petitioner

vs.

The District Collector Chengalpattu Chengalpattu District.

The Tahsildar Pallavaram Taluk Office Pallavaram, Chennai.

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

… Respondents

Writ Petition filed under Article 226 of the Constitution of India

seeking a Writ of Certiorari, calling for the entire records pertaining to the

Page Nos.1/5

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

W.P.No.15312 of 2026

show cause notice dated 06.02.2026 issued by the 3rd respondent, quash

the same as being illegal, arbitrary and without jurisdiction.

For Petitioner : Mr.S.Gunaseelan For Respondents : Mr.A.Selvendran Special Government Pleader

O R D E R

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

The present Writ Petition has been instituted challenging a notice dated 06.02.2026, issued by the competent authority under the provisions of “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}.

The authorities, during inspection found that the subject property

has been classified as “Government Poromboke Canal” which is a water body. Thus, the notice came to be issued to the petitioner / encroacher for removal by following procedures.

Page Nos.2/5

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

W.P.No.15312 of 2026

The learned counsel for the petitioner 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.

If at all the petitioner possesses any such documents to establish that the subject property is not a water body, he is at liberty to submit those documents along with the explanation, if any, defending his case. However, no writ against a show cause notice is entertainable and the authorities must be provided with an opportunity to adjudicate the issues on merits by affording an opportunity to the alleged encroacher. This being the procedure, the petitioner is at liberty to submit his explanation along with documents, if any, to the respondents and on receipt of the same, the competent authority shall consider the representation, 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.

Page Nos.3/5

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

W.P.No.15312 of 2026

With the above direction, these Writ Petitions stand dismissed.

Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

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

22.04.2026

Index : Yes Neutral Citation : Yes / No Speaking order / Non-speaking order

mk

To

The District Collector Chengalpattu Chengalpattu District.

The Tahsildar Pallavaram Taluk Office Pallavaram, Chennai.

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

Page Nos.4/5

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

W.P.No.15312 of 2026

S. M. SUBRAMANIAM, J., and K. SURENDER, J.,

mk

W.P.No.15312 of 2026

22.04.2026

Page Nos.5/5

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