M.Babu v. The District Collector,Chengalpattu,Chengalpattu District.2.The Tahsildar,Pallavaram
Case at a glance
Outcome
Dismissed
With the above direction, these Writ Petitions stand dismissed
Provisions considered
Key paragraphs
- Para 33. The Assistant Engineer, PWDIrrigation Section, Water Resource Department, Padappai-601 301...Respondents https://www.mhc.tn.gov.in/judis WP No. 13133 of 2026 etc., batch__________Page2 of 5Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the entire records…
Judgment
WP No. 13133 of 2026 etc., batch__________Page1 of 5IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 09-04-2026CORAMTHE HON'BLE MR JUSTICE S. M. SUBRAMANIAMANDTHE HON'BLE MR.JUSTICE K. SURENDERWP Nos. 13133, 13135, 13157 & 13158 of 2026andWMP Nos. 14391, 14393, 14412 & 14416 of 2026M.Babu..Petitioner in W.P.No.13133 of 2026N.Kamaldass ..Petitioner in W.P.No.13135 of 2026 Sivagami..Petitioner in W.P.No.13157 of 2026 Saravanan M ..Petitioner in W.P.No.13158 of 2026Vs1.The District Collector, Chengalpattu, Chengalpattu District.
The Tahsildar, Pallavaram Taluk Office, Pallavaram, Chennai.
The Assistant Engineer, PWDIrrigation Section, Water Resource Department, Padappai-601 301...Respondents https://www.mhc.tn.gov.in/judis WP No. 13133 of 2026 etc., batch__________Page2 of 5Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the entire records pertaining to the impugned Form-III Eviction Notice dated 06.02.2026 issued by the 3rd respondent, quash the same as being illegal, arbitrary and without jurisdiction. For Petitioners: Mr.S.Gunaseelan in all WPsFor Respondents: Mr.A.Selvendran, Spl. Govt. Pleader in all WPsOrder(Order of the Court was made by S.M.Subramaniam J.)The present Writ Petitions have been instituted challenging notices issued by the competent authorities under the provisions of “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}.2.
The authorities, during inspection found that the subject property has been classified as “Government Poromboke Canal” which is a water body. Thus, the notices came to be issued to the encroachers for removal by following procedures.3. The learned counsel for the petitioners would submit that a portion of the property is not a water body and therefore, the Assistant Engineer, Public Works Department, Water Resources Organization, is not the competent authority. https://www.mhc.tn.gov.in/judis WP No. 13133 of 2026 etc., batch__________Page3 of 54. If at all the petitioners possess any such documents to establish that the subject property is not a water body, they are at liberty to submit those documents along with their explanation, if any, defending their case. However, no writ against a show cause notice is entertain able and the authorities must be provided with an opportunity to adjudicate the issues on merits by affording an opportunity to the alleged encroachers.
Operative part
This being the procedure, petitioners are at liberty to submit their respective explanation along with documents, if any, to the respondents and on receipt of the same, the competent authority shall consider the representation, take a final decision and pass appropriate orders and thereafter, proceed with the enforcement action in respect of the water body. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.5. With the above direction, these Writ Petitions stand dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs. (S.M.S.,J.) (K.S.,J.) 09-04-2026Index: Yes/NoSpeaking/Non-speaking orderNeutral Citation: Yes/NoDSA https://www.mhc.tn.gov.in/judis WP No. 13133 of 2026 etc., batch__________Page4 of 5To1.The District Collector, Chengalpattu, Chengalpattu District. 2. The Tahsildar, Pallavaram Taluk Office, Pallavaram, Chennai. 3. The Assistant Engineer, PWDIrrigation Section, Water Resource Department, Padappai-601 301. https://www.mhc.tn.gov.in/judis WP No. 13133 of 2026 etc., batch__________Page5 of 5S.M.SUBRAMANIAM J.ANDK.SURENDER J.DSAWP Nos. 13133, 13135, 13157 & 13158 of 2026 09-04-2026
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the above direction, these Writ Petitions stand dismissed
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007; Tamil Nadu Act.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.