E.Velan Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

E.Velan Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Writ petitioners given liberty to submit objections with documents within two weeks; respondents directed to consider the objections, ascertain encroachments in the water body and complete removal within twelve weeks; writ petitions disposed of and connected miscellaneous petitions closed, with no costs. The prayer for regularisation and patta was not adjudicated on merits.

Issue for consideration

Whether the notices dated 16.12.2019 and Notice No.p.a/2020 dated 27.1.2020 issued by the third respondent for removal of encroachments in the water body are liable to be quashed in so far as the petitioners are concerned. +1 more

Court's answer

No writ petition is entertainable against a mere notice, unless the notice is issued by an incompetent authority having no jurisdiction or is tainted with allegations of mala fides.

Ratio / Principle

The writ petitioners are at liberty to submit their objections along with documents, if any, within two (2) weeks from the date of receipt of a copy of the order.

Key takeaways

On receipt of objections, the respondents shall examine the grounds raised, ascertain the encroachments, if any, in the water body and remove them without further delay; the entire exercise is to be completed within twelve (12) weeks from receipt of a copy of the order.ratio¶70

Detailed headnote1 paragraphs

Writ petitions under Article 226 of the Constitution of India (WP Nos. 28466 of 2021 and 454 of 2022, common order) challenging a notice dated 16.12.2019 issued by the Section Officer, Public Works Department (Water Resources Organisation), Redhills Irrigation Wing, and a consequent Notice No.p.a/2020 dated 27.1.2020, for removal of encroachments in a water body under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007, with a consequential prayer for regularisation and grant of patta. Held: no writ lies against a notice unless it is issued by an incompetent authority without jurisdiction or tainted with mala fides; the petitioners were given liberty to submit objections with documents within two weeks, and the respondents were directed to examine those objections, ascertain any encroachments and complete the removal exercise within twelve weeks. Petitions disposed of; connected miscellaneous petitions closed; no costs. Order authored by S.M. Subramaniam J., bench comprising S.M. Subramaniam and C. Kumarappan, JJ., dated 05-01-2026.

WP No. 28466 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-01-2026

CORAM

THE HONOURABLE Mr.JUSTICE S. M. SUBRAMANIAM

AND

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN

WP Nos. 28466 of 2021 & 454 of 2022 AND WMP Nos. 30059, 30061 of 2021, 502 & 504 of 2022

E.Velan S/o. M. Ethiraj, No. 31, Murugan Koil Street, Iyyappa Nagar, Ayapakkam, Chennai - 77.

A. K. M. Rahamathullah S/o. Mohammed Abdul Kadhar, No. 39, Ayappakkam Main Road, MGR Puram, Chennai - 58.

M. Selvakumar S/o. Muthusamy, No. 7, Ayappakkam Main Road, MGR Puram, Chennai - 58.

G. Ramasami S/o. Gurusamy, No. 18, Ayappakkam Main Road, MGR Puram, Chennai - 58.

N. Raja S/o. Narayanan, No. 10, Ayappakkam Main Road, MGR Puram, Chennai - 58.

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WP No. 28466 of 2021

K. Banumathi

K. Banumathi W/o. Late. C. Kasinathan, No. 14/20, Ayappakkam Main Road, MGR Puram, Athipattu Village, Chennai - 58.

Sivalingam S/o. Chinnasami, No. 4/7, Ayappakkam Main Road, MGR Puram, Chennai - 58.

Yuvaraj S/o. A. Vedhanayagam, No. 6, Ayappakkam Main Road, MGR Puram, Chennai - 58.

R. Murugan S/o. E. Ramasamy, No. 14, MGR Puram, Chennai - 58.

E. Ravamani W/o. Elumalai, No. 21, Ayappakkam Main Road, MGR Puram, Chennai - 58.

H. Murugan S/o. Hariram, No. 5, Ayappakkam Main Road, MGR Puram, Chennai - 58.

P. Kupusami s/o. Perumal, No. 4/71 Ayappakkam Main Road, MGR Puram, Chennai - 58.

M. Mahendran S/o. Manickam, No. 1, Ayappakkam Main Road,

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MGR Puram,Ambattur, Chennai - 58.

M. H. Kalel Rahman S/o. Hussian, No. 4, Ayappakkam Main Road, MGR Puram, Chennai - 58.

M. Newton S/o. Mark, No.19-C, Ayappakkam Main Road, MGR Puram, Chennai - 58.

J. Arumugam S/o. Late. Jeevaranthinam, No. 3, Ayappakkam Main Road, MGR Puram, Chennai - 58.

Duraisingh S/o. Koilraj, No. 11, Ayappakkam Main Road, MGR Puram, Chennai - 58.

Petitioner(s)

Vs

The District Collector Chennai District, Singaravelar Maaligai, No. 62, Rajaji Salai, 4th Floor, Chennai - 1.

2.Tahsildar Ambattur Taluk, Ambattur, Chennai - 53.

3.The Section Officer Public Works Department, (Water Resources Organisation),

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Redhills Irrigation Wing, Redhills, Chennai - 52.

Respondent(s)

WP No. 454 of 2022

G.Sekar S/o.Gajapathy, No.1, Dr.MGR Road, Bhavani Nagar, Ayapakkam, Thiruvallur District, Chennai- 600 077.

Petitioner(s)

Vs

The District Collector Chennai District, Singaravelar Maaligai, No.62, Rajaji Salai, 4^th Floor, Chennai- 600 001.

2.Tahsildar Ambattur Taluk, Ambattur, Chennai- 600 053.

3.The Section Officer Pubic Works Department (Water Resource Organization) Redhills Irrigation Wing, Redills, Chennai- 600 052.

Respondent(s)

WP No. 28466 of 2021

PRAYER

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the records relating to the third respondent herein in Notice dated 16.12.2019 and the consequent Notice No.p.a/2020 dated 27.1.2020 and quash the same in so far as the petitioners are

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WP No. 28466 of 2021

concerned and consequently direct the first respondent herein to regularise and issue patta to the petitioners herein.

WP No. 454 of 2022

PRAYER

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the records relating to the third respondent herein in Notice dated 16.12.2019 and the consequent Notice No./p.a/2020 dated 27.1.2020 and quash the same and consequently direct the first respondent herein to regularise and issue patta to the petitioner.

For Petitioner(s): Mr.Navaneetha Krishnan, in both WPs. Senior Counsel For Mr.R.S.Anandan For Respondent(s): Mr.T.Arun Kumar, in both WPs. AGP For RR1 To 3.

COMMON ORDER

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

The notice issued for removal of encroachments in water body under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 is under challenge in the present Writ Petitions.

2.No writ against a notice is entertainable, unless it is issued by an incompetent authority having no jurisdiction or tainted with the allegations of

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mala fides . Therefore, the writ petitioners are at liberty to submit their objections along with the documents, if any within a period of two(2) weeks from the date of receipt of a copy of this order. On receipt of any such objections, the respondents shall look into the grounds raised and ascertain the encroachments, if any, in the water body and thereafter, remove the same without causing any further delay. The entire exercise is directed to be completed within a period of twelve(12) weeks from the date of receipt of a copy of this order.

3.Accordingly, these Writ Petitions are disposed of. Consequently, the connected Miscellaneous Petitions are also closed. No costs.

(S.M.SUBRAMANIAM J.)(C.KUMARAPPAN J.) 05-01-2026

kmi

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

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WP No. 28466 of 2021

To

1.The District Collector Chennai District, Singaravelar Maaligai, No. 62, Rajaji Salai, 4th Floor, Chennai - 1.

2.Tahsildar Ambattur Taluk, Ambattur, Chennai - 53.

3.The Section Officer Public Works Department, (Water Resources Organisation), Redhills Irrigation Wing, Redhills, Chennai - 52.

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WP No. 28466 of 2021

S.M.SUBRAMANIAM J. AND C.KUMARAPPAN J.

kmi

WP Nos. 28466 of 2021 and 454 of 2022

05-01-2026

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