Disposed¶40

Ela.Kannan v. The State of Tamilnadu

Madras HC26 Feb 2026WP(MD)/4815/2026

Case brief

AI extract

What is this about?

Mandamus Article 226; encroachment removal; water body canal Vaikal; Pratiyur Village Trichy West Taluk; Carmel Organization eighth respondent; HR&CE Department; Water Resources Department Form I Form II Form III notice; representation dated 18.06.2025; eight weeks encroachment clearance; Anti Land Grabbing Special Cell Trichy; Madurai Bench Madras High Court W.P(MD)No.4815 of 2026; disposed no costs.

What did the court decide?

Writ petition disposed of with directions: notice to the eighth respondent dispensed with; seventh respondent to take further action pursuant to the Form – III notice dated 10.01.2026 already issued by him; if encroachment of the water body is established, it must be cleared within eight (8) weeks from receipt of a copy of the order, with the eighth respondent's defences left open; no costs. ¶40

Ela.Kannan Vs The State of Tamilnadu — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the encroachments allegedly made by the eighth respondent (Carmel Organization) on the canal (Vaikal) located in Ward AJ block2, Urban Area No. 247, Pratiyur Village, Tiruchirappalli West Taluk, should be removed by respondents 1 to 7 in accordance with due procedure contemplated under law. +1 more

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Court's answer

The defences of the eighth respondent are not foreclosed; however, if it turns out that a water body has been encroached, the encroachment must be cleared within a period of eight (8) weeks from the date of receipt of a copy of the order.

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Ratio / Principle

Considering the nature of the relief to be granted, issuance of notice to the eighth respondent is dispensed with.

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Key takeaways

Notices such as Forms I, II and III are not mere formalities and issuance of orders must translate into action on the ground; accordingly, the seventh respondent is directed to take further action pursuant to the Form – III notice dated 10.01.2026 already issued by him.ratio¶34

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), W.P(MD)No.4815 of 2026, disposed of on 26.02.2026 (G.R.Swaminathan & B.Pugalandhi, JJ.). Ela.Kannan filed a writ of mandamus under Article 226 of Constitution of India seeking removal by respondents 1 to 7 of encroachments allegedly made by the eighth respondent, Carmel Organization, on a canal (Vaikal) in Ward AJ block2, Urban Area No. 247, Pratiyur Village, Trichy West Taluk, pursuant to his representation dated 18.06.2025. Forms I, II and III had been issued by the Assistant Engineer, Water Resources Department (R7), Form – III being stated as issued on 10.01.2025 (the operative direction refers to a Form – III notice dated 10.01.2026), yet no further action followed. Holding that such forms are not mere formalities and that issuance of orders must translate into ground-level action, the Court dispensed with notice to R8, directed R7 to take further action pursuant to the Form – III notice, and directed that if a water body is found encroached, the encroachment must be cleared within eight (8) weeks of receipt of a copy of the order, expressly leaving R8's defences open. No costs.

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W.P(MD)No.4815 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 26.02.2026

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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W.P(MD)No.4815 of 2026

Ela.Kannan

... Petitioner

Vs.

1.The State represented by The Secretary,

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Hindu Religious and Charitable

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Endowment Department,

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Secretariat,

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Chennai -9

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2.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai.

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3.The District Collector, O/o.The District Collector, Tiruchirappalli District.

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4.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Tiruchirappalli District.

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1/6

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

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W.P(MD)No.4815 of 2026

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5.The Tahsildar, Trichy West Taluk, Tiruchirappalli District.

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6.The Commissioner of Police, O/o.Anti Land Grabbing Special Cell, Trichy City.

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7.The Assistant Engineer, Water Resources Department, O/o.The Water Resources Department, Tiruchirappalli District.

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8.Carmel Organization, Rep by its Provincial Superior, Jeyaraju, Edalamaipatti Pudur, Madurai Road, Trichy -12.

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... Respondents

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Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 7 herein to remove the encroachments made by 8th respondents herein, in the canal (Vaikal) located in Ward AJ block2, Urban Area No. 247 Pratiyur Village, Tiruchirappalli West Taluk, Trichy District, by following the due procedure contemplated under law within the time frame that may be fixed by this Court by considering the representation dated 18.06.2025.

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For Petitioner : Mr.Niranjan S.Kumar For Respondents : Mr.C.Venkatesh Kumar Special Government Pleader for R.1 to R.5 & R.7

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2/6

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

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W.P(MD)No.4815 of 2026

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Mr.K.Gnanasekaran Government Advocate (Crl Side) for R.6

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ORDER

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Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for the respondents 1 to 5 and 7 and the learned Government Advocate (Criminal Side) appearing for the sixth respondent. Considering the nature of relief to be granted, issuance of notice to the eighth respondent is dispensed with.

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2.The petitioner alleges that the eighth respondent had committed encroachment on a water body. Our attention is drawn to Form - I, Form – II and Form - III issued by the seventh respondent. Form – III was issued as early as on 10.01.2025. But till date no further action appears to have been taken. These forms are not issued as a mere formality. Issuance of orders must translate into action on the ground. The seventh respondent is directed to take further action pursuant to the Form – III notice dated 10.01.2026 already issued by him.

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3/6

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

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W.P(MD)No.4815 of 2026

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3.We make it clear that we have not foreclosed the defences of the

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eighth respondent. If it turns out that a water body has been encroached, the encroachment must be cleared within a period of eight (8) weeks from the date of receipt of a copy of this order.

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4.This Writ Petition is disposed of accordingly. No costs.

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[G.R.S., J.] [B.P., J.] 26.02.2026

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NCC : Yes / No Internet : Yes / No Index : Yes / No MGA

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1.The Secretary, Hindu Religious and Charitable Endowment Department, Secretariat, Chennai -9

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2.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai.

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