High Court · 2025

W.P.No.11592 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 16.06.2025CORAMTHE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDARW.P.No.11592 of 2024Ramakrishnan... PetitionerVs.1.The District Collector, Ranipet, Ranipet District.2.The Revenue Divisional Officer, Ranipet, Ranipet District.3.Tahsildhar, Wallajah, Ranipet District.4.The Block Development Officer, Wallajah, Ranipet District.5.The Executive Engineer, Water Resources and Public WorksDepartment, Ranipet District.... RespondentsWrit Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 08.12.2023 and Page Nos.1/9 https://www.mhc.tn.gov.in/judis W.P.No.11592 of 2024consequently conduct the enquiry in order to remove the encroachment of the free flowing of water to Dasimangai pond situated at Mukundapuram Village, Walaja Taluk, Ranipet District.For Petitioner : Mr.R.RameshFor Respondents:Mr.T.K.Saravanan,Additional Government Pleaderfor R1 to R3 and R5Mr.M.Habeeb Rahman,Government Advocate for R4ORDER[Order of the Court was made by M.SUNDAR, J.,]Captioned matter is listed today under the cause list caption 'FOR DISMISSAL'. Mr.R.Ramesh, learned counsel on record for writ petitioner expresses regret for missing the matter in the previous listing and tenders apology. This is accepted. 2. Subject matter of captioned main 'Writ Petition' [hereinafter 'WP' for the sake of brevity] is Survey No.286, Dasimangai pond situate at Mukundapuram Village, Walaja Taluk, Ranipet District, which according to the writ petitioner is classified as 'pond' [hereinafter 'said Page Nos.2/9 https://www.mhc.tn.gov.in/judis W.P.No.11592 of 2024waterbody' for the sake of convenience and clarity]. 3. Learned counsel for writ petitioner submits that there is encroachment qua said waterbody and the alleged encroachers are some of the villagers. Inaction on the part of the official respondents inspite of repeated requests has necessitated the captioned WP is learned counsel's say.4. Issue notice to official respondents.5. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for R1 to R3 and R5 and Mr.M.Habeeb Rahman, learned Government Advocate accepts notice for R4.6. Learned State counsel submits that survey has already been conducted on 12.06.2025 and action for removal of encroachment will be commenced vide '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), within four weeks from today i.e., on or before 14.07.2025.Page Nos.3/9 https://www.mhc.tn.gov.in/judis W.P.No.11592 of 20247. Though obvious, this Court deems it appropriate to make it clear that due process of law vide Tanks Act necessarily means adherence to procedure put in place by a Hon'ble Full Bench of this Court vide T.K.Shanmugam case [T.K.Shanmugam Vs. State of Tamil Nadu] reported in 2015 (5) LW 397. As regards T.K. Shanmugam principle, relevant paragraphs are sub sub-paragraphs (i) to (iii) of subparagraph (f) of paragraph 15 and the same reads as follows: '15.Certain provisions of Tank Act namely, Sections 4 to 10 were challenged in a Writ Petition with a prayer to declare those provisions as null and void and contrary to Article 14 of the Constitution of India on the ground that those provisions confer upon the executive, unguided and uncanalised discretionary power, since they denied to the persons aggrieved an opportunity of being heard. The said Writ petition was heard by a Division Bench to which one of us (M.Sathyanarayanan,J.) was a party. The Division Bench took note of the various decisions including the decision in the case of Sivakasi Region Tax Payers Association (supra), disposed of the Writ Petitions Page Nos.4/9 https://www.mhc.tn.gov.in/judis W.P.No.11592 of 2024without declaring the provisions of the Act as unconstitutional, since no opportunity is given and held that there is nothing in the Act which excludes the principles of natural justice, the Act (Tank Act) does not specifically indicate that the encroachers do not have right to be heard and issued the following directions vide judgment dated 10.02.2010, reported in 2010 3 MLJ 771.(a) ..... (b) ..... (c) ..... (d) ...... (e) ..... (f) We uphold the Act, while we provide for observance of principles of natural justice within the Act itself, as under. (i) When the officer of the Public Works Department publishes the notice in Form-II in the notice boards of the offices of Village Administrative Officer, Village Panchayat Office and the Water Resources Organization, notice shall also be issued to the alleged encroacher to the effect that the survey indicates that the place in his/her occupation is an encroachment and secondly, the notice in Form-III of the Rules may be issued. (ii) On receipt of the said notice, the encroacher may give his/her objections relating to Page Nos.5/9 https://www.mhc.tn.gov.in/judis W.P.No.11592 of 2024the classification of the land in his/her occupation and the nature of the encroachment within a period of two weeks. (iii) Thereafter, the authorities shall consider the objections and pass appropriate orders, in accordance with the provisions of the Act, giving time to the encroachers to remove the encroachment.' To be noted, T.K.Shanmugam reiterates T.S.Senthil Kumar principle [T.S.Senthil Kumar Vs. Government of Tamil Nadu reported in (2010) 3 MLJ 771] rendered by Hon'ble Coordinate coequal Division Bench.8. The above means that the alleged encroachers and/or any other encroachers will be put on notice/show caused, given an opportunity and action will be subject to and depending on cause shown / response of noticee/s. Therefore, captioned main WP is taken up with the consent of learned counsel for writ petitioner and learned State counsel. Though obvious, it is made clear that this order does not touch upon the rights of alleged encroachers and / or any other noticee/s under the Tanks Act. This means that all the rights and Page Nos.6/9 https://www.mhc.tn.gov.in/judis W.P.No.11592 of 2024contentions of alleged encroachers and/or any other noticee/s stand preserved for responding suitably when show caused / visited with notices. Though obvious, for the sake of specificity, it is clarified that this Court, in instant order, has not expressed any view or opinion one way or the other regarding alleged encroachment qua said water body.9. In the light of the narrative thus far, captioned main WP is disposed of in the aforesaid manner, recording the stated position of learned State counsel that survey has already been done and action under the Tanks Act will be commenced as expeditiously as the business of official respondents would permit but in any event within a period of four weeks today, i.e., on or before 14.07.2025. There shall be no order as to costs. (M.S.,J.)(H.C.,J.) 16.06.2025Index : Yes / NoNeutral Citation : Yes / NommiTo1.The District Collector, Ranipet, Ranipet District.Page Nos.7/9 https://www.mhc.tn.gov.in/judis W.P.No.11592 of 20242.The Revenue Divisional Officer, Ranipet, Ranipet District.3.The Tahsildhar, Wallajah, Ranipet District.M.SUNDAR, J.,andHEMANT CHANDANGOUDAR, J.,mmi4.The Block Development Officer, Wallajah, Ranipet District.5.The Executive Engineer, Water Resources and Public WorksDepartment, Ranipet District.W.P.No.11592 of 2024Page Nos.8/9 https://www.mhc.tn.gov.in/judis W.P.No.11592 of 202416.06.2025Page Nos.9/9

W.P.No.11592 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 16.06.2025CORAMTHE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDARW.P.No.11592 of 2024Ramakrishnan... PetitionerVs.1.The District Collector, Ranipet, Ranipet District.2.The Revenue Divisional Officer, Ranipet, Ranipet District.3.Tahsildhar, Wallajah, Ranipet District.4.The Block Development Officer, Wallajah, Ranipet District.5.The Executive Engineer, Water Resources and Public WorksDepartment, Ranipet District.... RespondentsWrit Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 08.12.2023 and Page Nos.1/9 https://www.mhc.tn.gov.in/judis W.P.No.11592 of 2024consequently conduct the enquiry in order to remove the encroachment of the free flowing of water to Dasimangai pond situated at Mukundapuram Village, Walaja Taluk, Ranipet District.For Petitioner : Mr.R.RameshFor Respondents:Mr.T.K.Saravanan,Additional Government Pleaderfor R1 to R3 and R5Mr.M.Habeeb Rahman,Government Advocate for R4ORDER[Order of the Court was made by M.SUNDAR, J.,]Captioned matter is listed today under the cause list caption 'FOR DISMISSAL'. Mr.R.Ramesh, learned counsel on record for writ petitioner expresses regret for missing the matter in the previous listing and tenders apology. This is accepted. 2. Subject matter of captioned main 'Writ Petition' [hereinafter 'WP' for the sake of brevity] is Survey No.286, Dasimangai pond situate at Mukundapuram Village, Walaja Taluk, Ranipet District, which according to the writ petitioner is classified as 'pond' [hereinafter 'said Page Nos.2/9 https://www.mhc.tn.gov.in/judis W.P.No.11592 of 2024waterbody' for the sake of convenience and clarity]. 3. Learned counsel for writ petitioner submits that there is encroachment qua said waterbody and the alleged encroachers are some of the villagers. Inaction on the part of the official respondents inspite of repeated requests has necessitated the captioned WP is learned counsel's say.4. Issue notice to official respondents.5. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for R1 to R3 and R5 and Mr.M.Habeeb Rahman, learned Government Advocate accepts notice for R4.6. Learned State counsel submits that survey has already been conducted on 12.06.2025 and action for removal of encroachment will be commenced vide '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), within four weeks from today i.e., on or before 14.07.2025.Page Nos.3/9 https://www.mhc.tn.gov.in/judis W.P.No.11592 of 20247. Though obvious, this Court deems it appropriate to make it clear that due process of law vide Tanks Act necessarily means adherence to procedure put in place by a Hon'ble Full Bench of this Court vide T.K.Shanmugam case [T.K.Shanmugam Vs. State of Tamil Nadu] reported in 2015 (5) LW 397. As regards T.K. Shanmugam principle, relevant paragraphs are sub sub-paragraphs (i) to (iii) of subparagraph (f) of paragraph 15 and the same reads as follows: '15.Certain provisions of Tank Act namely, Sections 4 to 10 were challenged in a Writ Petition with a prayer to declare those provisions as null and void and contrary to Article 14 of the Constitution of India on the ground that those provisions confer upon the executive, unguided and uncanalised discretionary power, since they denied to the persons aggrieved an opportunity of being heard. The said Writ petition was heard by a Division Bench to which one of us (M.Sathyanarayanan,J.) was a party. The Division Bench took note of the various decisions including the decision in the case of Sivakasi Region Tax Payers Association (supra), disposed of the Writ Petitions Page Nos.4/9 https://www.mhc.tn.gov.in/judis W.P.No.11592 of 2024without declaring the provisions of the Act as unconstitutional, since no opportunity is given and held that there is nothing in the Act which excludes the principles of natural justice, the Act (Tank Act) does not specifically indicate that the encroachers do not have right to be heard and issued the following directions vide judgment dated 10.02.2010, reported in 2010 3 MLJ 771.(a) ..... (b) ..... (c) ..... (d) ...... (e) ..... (f) We uphold the Act, while we provide for observance of principles of natural justice within the Act itself, as under. (i) When the officer of the Public Works Department publishes the notice in Form-II in the notice boards of the offices of Village Administrative Officer, Village Panchayat Office and the Water Resources Organization, notice shall also be issued to the alleged encroacher to the effect that the survey indicates that the place in his/her occupation is an encroachment and secondly, the notice in Form-III of the Rules may be issued. (ii) On receipt of the said notice, the encroacher may give his/her objections relating to Page Nos.5/9 https://www.mhc.tn.gov.in/judis W.P.No.11592 of 2024the classification of the land in his/her occupation and the nature of the encroachment within a period of two weeks. (iii) Thereafter, the authorities shall consider the objections and pass appropriate orders, in accordance with the provisions of the Act, giving time to the encroachers to remove the encroachment.' To be noted, T.K.Shanmugam reiterates T.S.Senthil Kumar principle [T.S.Senthil Kumar Vs. Government of Tamil Nadu reported in (2010) 3 MLJ 771] rendered by Hon'ble Coordinate coequal Division Bench.8. The above means that the alleged encroachers and/or any other encroachers will be put on notice/show caused, given an opportunity and action will be subject to and depending on cause shown / response of noticee/s. Therefore, captioned main WP is taken up with the consent of learned counsel for writ petitioner and learned State counsel. Though obvious, it is made clear that this order does not touch upon the rights of alleged encroachers and / or any other noticee/s under the Tanks Act. This means that all the rights and Page Nos.6/9 https://www.mhc.tn.gov.in/judis W.P.No.11592 of 2024contentions of alleged encroachers and/or any other noticee/s stand preserved for responding suitably when show caused / visited with notices. Though obvious, for the sake of specificity, it is clarified that this Court, in instant order, has not expressed any view or opinion one way or the other regarding alleged encroachment qua said water body.9. In the light of the narrative thus far, captioned main WP is disposed of in the aforesaid manner, recording the stated position of learned State counsel that survey has already been done and action under the Tanks Act will be commenced as expeditiously as the business of official respondents would permit but in any event within a period of four weeks today, i.e., on or before 14.07.2025. There shall be no order as to costs. (M.S.,J.)(H.C.,J.) 16.06.2025Index : Yes / NoNeutral Citation : Yes / NommiTo1.The District Collector, Ranipet, Ranipet District.Page Nos.7/9 https://www.mhc.tn.gov.in/judis W.P.No.11592 of 20242.The Revenue Divisional Officer, Ranipet, Ranipet District.3.The Tahsildhar, Wallajah, Ranipet District.M.SUNDAR, J.,andHEMANT CHANDANGOUDAR, J.,mmi4.The Block Development Officer, Wallajah, Ranipet District.5.The Executive Engineer, Water Resources and Public WorksDepartment, Ranipet District.W.P.No.11592 of 2024Page Nos.8/9 https://www.mhc.tn.gov.in/judis W.P.No.11592 of 202416.06.2025Page Nos.9/9