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

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

What the court decided

AI extract

Outcome

None; writ petition dismissed with no costs, with liberty recorded for the petitioner or respondents 5 to 7 to seek appointment of an Advocate Commissioner to survey the lands through the pending civil courts.

Issue for consideration

Whether a writ of mandamus should issue directing respondents 1 and 2 (District Collector and Deputy Director, District Town and Country Planning) to consider the petitioner's representation dated 02.07.2025 and take necessary action on it in accordance with law. +1 more

Ratio / Principle

The existence of the water channel, asserted by the petitioner and denied by the others, is a disputed question of fact.

Key takeaways

The petitioner is relegated to work out his rights in the pending proceedings before the learned IV Additional District Judge, Tiruvallur and the Learned Additional Subordinate Court, Ponneri.ratio¶55
The Tahsildhar's report is only for the purpose of this writ petition; since the survey was done in the absence of the petitioner and respondents 5 to 7, it would not be binding on the parties.obiter¶56

Detailed headnote1 paragraphs

Writ petition under Article 226 of the Constitution by an agriculturist of Peddhikuppam Village, Gummidipoondi Taluk, Tiruvallur, seeking a writ of mandamus to the District Collector and the Deputy Director, District Town and Country Planning to consider his representation dated 02.07.2025, alleging that respondents 5 to 7 (S. Venkatesan, C. Venkatesan and M/s. Balaji Industrial Corporation Limited) were attempting to close long-existing agricultural water channels and were dumping hazardous waste for formation of road over the farmlands. Related pending suits: O.S No.584/2024 (title claim; transferred administratively, pending before IV Additional District Judge, Tiruvallur at Ponneri) and O.S No.110 of 2025 (permanent injunction; Additional Subordinate Judge, Ponneri; State officials also impleaded). On admission (20.01.2026) the Court directed the Tahsildar to inspect survey nos.122, 132, 133, 134 & 135; his report dated 23.01.2026 (filed 02.02.2026) recorded the lands as 'பஞ்சர்' lands, not being cultivated at present, with no water channels over the property. Held (V. Lakshminarayanan J.): the existence of the water channel, asserted by the petitioner and denied by the others, is a disputed question of fact; the petitioner is relegated to the pending civil proceedings; the Tahsildhar's report is confined to this writ petition and, the survey having been conducted in the absence of the petitioner and respondents 5 to 7, is not binding on the parties; either side may apply to the learned Principal District Judge or Subordinate Judge for appointment of an Advocate Commissioner to survey the lands, with or without the aid of a surveyor. Writ petition dismissed; no costs.

WP No. 867 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-02-2026

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN

WP No. 867 of 2026

Meenatchi

..Petitioner

Vs

The District Collector, Tiruvallur District, Tiruvallur.

The Deputy Director, District Town and Country Planning, Rajajipuram Division II, Thiruvallur 602 001.

The Tahsildar,

Gummidipoondi Taluk office, Gummidipoondi 601 201, Tiruvallur District.

The Commissioner,

Gummidipoondi Panchayat Union, Gummidipoondi 601 201, Thiruvallur District.

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5. S.Venkatesan

C.Venkatesan

M/s. Balaji Industrial Corporation limited Reptd. by its Executive Vice- President, No. 9 Bazullah Road, T.Nagar, Chennai- 600 017.

..Respondents

Writ Petition filed under Article 226 of Constitution of India praying to issue a writ of mandamus directing the respondents 1 and 2 to consider the representation of the petitioner dated 02.07.2025 and to take necessary action on it in accordance with law.

For Petitioner: Mr.R.Munuswamy For Respondents: Mr. M. Shajahan Special Govt Pleader (R1 to R3) Dr.T.Seenivasan (R4) Special Government Pleader Mr.S.Gopi (R5) Mr.N.Ganesh (R6) Mr.Ganesh Ram (R7)

ORDER

This Writ Petition has been filed seeking a direction to the respondents 1

and 2 to consider the representation of the petitioner dated 02.07.2025 and to

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take necessary action on it in accordance with law.

Heard Mr.Shah Jahan, learned Special Government Pleader for the respondents 1 to 3, Dr.T.Seenivasan, learned Special Government Pleader for the 4^th respondent, Mr.Gopi for the 5^th respondent, Mr.Ganesh for the 6^th respondent and Mr.Ganesh Ram for the 7^th respondent.

3 . The petitioner states that he is an agriculturist residing in Peddhikuppam Village, Gummidipoondi Taluk, Tiruvallur District. He claims that the water for the purpose of agriculture to his land runs through a channel, which has been long existing and it runs through the adjacent agricultural lands also. He further claims that respondents 5 to 7 have created certain documents claiming title over the adjacent property. According to him, the intention of the respondents 5 to 7 is to convert prime agricultural lands into housing plots.

Aggrieved by the attempts of the respondents 5 to 7, staking a claim to a property to which they are not owners, the petitioner approached the Principal District Judge at Tiruvallur and presented a suit in O.S No.584/2024. The said suit has subsequently been transferred administratively and is pending before the IV Additional District Judge, Tiruvallur at Ponneri.

The petitioner further alleges that the respondents 5 to 7, damaged the

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existing water channels and deprived him from the use of water. Hence, he has also filed another suit in O.S No.110 of 2025, on the file of the Additional Subordinate Judge, Ponneri, seeking a relief of permanent injunction. In the said suit, by way of abundant caution, he has not only included the respondents 5 to 7, but also the State officials.

The cause of action for the present writ petition is that an attempt was made by respondent nos.5 to 7 to close the water channels, as well as dumping hazardous waste for formation of road over the agricultural lands. As this cannot be a subject matter of suit, he is before this court by way of the present petition.

When the matter came up for admission on 20.01.2026 after hearing Mr. Munuswamy and Mr. Shahjahan, I directed the Tasildar to inspect the properties situated in survey nos.122, 132, 133, 134 & 135 of Pedhikuppam Village, Gummidipoondi Taluk, Tiruvallur District and to submit a report whether there exists any water channel and as to whether the respondents 5 to 7 are attempting to close the said channel, in case, it exists.

When the matter was taken up on 02.02.2026, Mr. Shah Jahan has filed a report of the Tasildhar, Tiruvallur, which is scanned and extracted hereunder.

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A perusal of the same shows that the Tasildhar, on inspection through his subordinates, has come to a conclusion that the lands are 'பஞ்சர் ' lands and

are not being cultivated for the present. He has further stated that there are no water channels running over the said property.

Mr. Munusamy vehemently contends that the survey has not been properly conducted and that it is impossible for the petitioner to indulge in agricultural activities in the adjacent property, without, there being a source of water.

The purpose of calling for the report from the Tasildhar was to ensure that the right of an agriculturist to water must not be stultified or damaged. The report states that there is no such water channel. Whether there exists a water channel or not, when asserted by the petitioner and denied by the others, becomes a disputed question of fact. Hence, the petitioner is relegated to work out his rights in the pending proceedings before the learned IV Additional District Judge, Tiruvallur and Learned Additional Subordinate Court, Ponneri.

Needless to add, the report that has been filed by the Tahsildhar is only for the purpose of this writ petition. Since the survey was done in the absence of the petitioner and the respondents 5 to 7, the same would not be

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binding on the parties. It is open to the petitioner or the respondents 5 to 7, to move an appropriate application before the learned Principal District Judge and the learned Subordinate Judge, and seek appointment of an Advocate Commissioner to survey the lands, with or without the aid of a surveyor and proceed further.

With the above liberty and observation as regards the report of the Tasildhar dated 23.01.2026, this writ petition stands dismissed. No costs.

04-02-2026

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

arr

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To

The District Collector Tiruvallur District, Tiruvallur

The Deputy director District Town and Country Planning, Rajajipuram division II, Thiruvallur 602 001

The Tahsildar Gummidipoondi Taluk office, Gummidipoondi 601 201 Tiruvallur district

The Commissioner Gummidipoondi Panchayat union, Gummidipoondi 601 201 Tiruvallur district

S.Venkatesan

S/o. Seshachalam, No.1102, Thurapallam Village, Periya Obulapuram post, Gummidipoondi Taluk, Tiruvallur district

C.Venkatesan S/o. Chinnaiyan Peddikuppam village, Gummidipoondi Taluk, Tiruvallur district 601 201

M/s. Balaji Industrial Corporation limited Reptd. by its Executive vice president, No. 9 Bazullah Road, T.Nagar, Chennai 17

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V.LAKSHMINARAYANAN J.

arr

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04-02-2026

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