Disposed¶36

G.Ramarajan v. State Rep. by Its District Collector

Madras HC2 Feb 2026WP/38985/2025

Case brief

AI extract

What is this about?

Encroachment of water body; eviction/enforcement notice under Section 131 Tamil Nadu Panchayats Act; show cause notice challenged via writ of Certiorari under Article 226; HP Motor and solar panel removal; Executive Authority, Koothampoondi panchayat field inspection; Assistant Executive Engineer Water Resources Department; Tiruchengodu, Namakkal District; petitioner permitted to submit explanation; direction to evict all encroachers within 12 weeks; writ petition disposed without costs; WMP Nos.43656 of 2025 & 3434 of 2026 closed.

What did the court decide?

The notices were not quashed; the writ petition was disposed of with the above directions, without costs, and the connected WMPs were closed. ¶36

G.Ramarajan Vs State Rep. by Its District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

The notices were not quashed; the writ petition was disposed of with the above directions, without costs, and the connected WMPs were closed.

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Issue for consideration

Whether the show cause notices issued by the 4th and 6th respondents under Section 131 of the Tamil Nadu Panchayats Act, directing the petitioner to remove the HP Motor and solar panel from the water body, are liable to be quashed.

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Court's answer

Enforcement actions were initiated after identifying encroachments in the water body, and therefore the issuance of the notices cannot be construed as per se infirm.

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Ratio / Principle

The petitioner is at liberty to submit his explanations along with documents, if any, to the competent authority, which shall consider such explanation and thereafter take the final decision.

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Key takeaways

Where encroachments in the water body are identified, enforcement actions should be continued and all encroachers from the water body are to be evicted by following procedures.ratio¶32
The entire exercise of enforcement/eviction is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of the order.ratio¶32

Detailed headnote1 paragraphs

Madras High Court (Subramaniam J. for the bench) disposed of a writ petition under Article 226 challenging show cause notices issued under Section 131 of the Tamil Nadu Panchayats Act by the Executive Authority, Koothampoondi panchayat and by the Assistant Executive Engineer, Water Resources Department, directing removal of an HP Motor and solar panel found encroaching a water body at Tiruchengodu, Namakkal District. The Court held that the enforcement actions followed identification of encroachments in the water body, so issuance of the notices was not per se infirm; it left the petitioner free to submit explanations with documents to the competent authority for consideration before a final decision, directed that enforcement continue against all encroachers by following procedures, and required completion of the entire exercise within twelve weeks. Connected WMPs closed; no costs.

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2026:MHC:428

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WP No. 38985 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02-02-2026

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CORAM

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THE HONOURABLE Mr.JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN

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WP No. 38985 of 2025 AND

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WMP NOS.43656 OF 2025 & 3434 OF 2026

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G.Ramarajan S/o.Ganesan, Gundupattankadu, Iluppluli, Moolapaalayam, Tiruchengodu Taluk, Namakkal District.

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Petitioner(s) Vs

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State Rep. By Its District Collector Namakkal.

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2.Assistant Collector Sub- Collector Office, Tiruchengodu.

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3.Assistant Executive Engineer Highways Department (Construction And Maintenance), Tiruchengodu, Namakkal District.

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4.Special Officer/ Block Development Officer Elachipalayam Block, Tiruchengodu Taluk.

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5.Assistant Executive Engineer Water Resources Department, Rasipuram.

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1/5

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

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WP No. 38985 of 2025

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6.Assistant Executive Engineer Water Resources Department, Irrigation No.2, Tiruchengodu Office At Rasipuram.

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Respondent(s)

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PRAYER

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Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorari, to Quash the notices issued by the 6^th Respondent vide Letter No.G17/ Assistant Engineer - (T2)/ 2025/Dated 19.08.2025 and notice issued by the 4^th respondent vide proceedings Na.ka. No.01/2025-26- 5 dated 09.09.2025 directing the petitioner to remove the HP Motor and solar Panel erected after getting due permission from the 6^th Respondent.

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For Petitioner(s): Mr.V.Ramamurthy For Respondent(s): Mr. T.Arun Kumar, AGP For R1 To R3, 5 & 6 Mr.K.Suresh, Govt. Advocate For R4. ******

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ORDER

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

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Notice issued by the Assistant Executive Engineer, Water Resources Department and the notice issued by the Executive Authority, under Section 131

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of the Tamil Nadu Panchayats Act are under challenge in the present writ proceedings. Said show cause notices would provide cause for institution of writ proceedings.

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

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WP No. 38985 of 2025

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2.The learned counsel for the petitioner would submit that the petitioner himself is serving for the benefit of the public and therefore, eviction proceedings may not be executed.

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3.Perusal of the impugned notice would show that the enforcement actions are initiated, after identifying encroachments in the water body. Initially, the Executive Authority, Koothampoondi panchayat has conducted field inspection and issued a notice under Section 131 of the Tamil Nadu Panchayats Act. Since the encroachers are not vacated the water body, further actions are initiated by the Assistant Executive Engineer, Water Resources Department for eviction of encroachers. Thus, the issuance of notice per se cannot be construed as infirm. The petitioner, in response is at liberty to submit his explanations along with the documents if any, to the competent Authority. In the event of receiving any such explanation, the same shall be considered by the Authority and thereafter, take the final decision. In the event of identifying encroachments in the water body, enforcement actions should be continued and all the encroachers from the water body are to be evicted by following procedures. 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.

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

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WP No. 38985 of 2025

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4.With the above directions, this writ petition stands disposed of. No

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costs. Consequently, connected WMPs are also closed.

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(S.M.SUBRAMANIAM J.)(C.KUMARAPPAN J.) 02-02-2026

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Index:Yes Speaking order Internet:Yes Neutral Citation:Yes/No kmi To 1.State Rep. By Its District Collector Namakkal.

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2.Assistant Collector Sub- Collector Office, Tiruchengodu. 3.Assistant Executive Engineer Highways Department (Construction And Maintenance), Tiruchengodu, Namakkal District.

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4.Special Officer/ Block Development Officer Elachipalayam Block, Tiruchengodu Taluk.

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5.Assistant Executive Engineer Water Resources Department, Rasipuram.

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6.Assistant Executive Engineer Water Resources Department, Irrigation No.2, Tiruchengodu Office At Rasipuram.

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4/5

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

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WP No. 38985 of 2025