High Court · 2025

W.P.No.13780 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 25.07.2025CORAMTHE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADIW.P.No.13780 of 2025andW.M.P. Nos.15483 and 15484 of 2025 in W.P. No.13780 of 20251.Suresh Kumar2.Gandhimathi3.Nachimuthu4.Prakash5.Kumarasamy6.Paramasivam7.Selvan8.Mariyappan9.Rasu10.Arumugam11.Murugan12.Ramasamy13.Perumal14.Sri Rangan15.Krishnan16.Lingappan... Petitioners vs.1.The District Collector, Collectorate, Erode District.2.The Tahsildar, Anthiyur Taluk, Anthiyur, Erode District.Page Nos.1/15 https://www.mhc.tn.gov.in/judis W.P.No.13780 of 20253.The Executive Engineer (PWD), Water Resources Department, Bhavani, Erode District.4.Easwaramurthi... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned proceedings O.Mu.4084/2025/A1 dated 04.03.2025 in respect of encroachment issued by the first respondent and quash the same and consequently to direct the first respondent to conduct an enquiry on the representation dated 17.03.2025 given by the petitioners to the first respondent against the fourth respondent and to take appropriate action.For Petitioners : Mr.P.VijendranFor Respondents : Mr.T.K.Saravanan, Additional Government Pleader for R1 to R3 Mr.C.Munusamy for R4Page Nos.2/15 https://www.mhc.tn.gov.in/judis W.P.No.13780 of 2025O R D E R[Order of the Court was made by M.SUNDAR, J.,]Mr.P.Vijendran, learned counsel on record for 16 writ petitioners, Mr.T.K.Saravanan, learned Additional Government Pleader for official respondents/R1 to R3 and Mr.C.Munusamy, learned counsel on record for private respondent/R4 are before us, with the consent of all the learned counsel, captioned main 'Writ Petition' [hereinafter 'WP' for the sake of brevity] was taken up and heard out.2. This order will now dispose of captioned main WP and the captioned 'Writ Miscellaneous Petitions' (hereinafter 'WMPs' for the sake of brevity) thereat.3. This order has to be read in conjunction with and in continuation of earlier proceedings made by this Court on 17.04.2025 which reads as follows:Page Nos.3/15 https://www.mhc.tn.gov.in/judis W.P.No.13780 of 2025'IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 17.04.2025CORAM:THE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADIW.P. No.13780 of 2025 and W.M.P. Nos.15483 and 15484 of 20251.Suresh Kumar2.Gandhimathi3.Nachimuthu4.Prakash5.Kumarasamy6.Paramasivam7.Selvan8.Mariyappan9.Rasu10.Arumugam11.Murugan12.Ramasamy13.Perumal14.Sri Rangan15.Krishnan16.LingappanPetitionersvs.1.The District CollectorCollectorateErode DistrictPage Nos.4/15 https://www.mhc.tn.gov.in/judis W.P.No.13780 of 20252.The TahsildarAnthiyur TalukAnthiyurErode District3.The Executive Engineer (PWD)Water Resources DepartmentBhavaniErode District4.EaswaramurthiRespondentsFor petitionersMr. P. VijendranFor respondentsMr. V. RaviSpecial Government PleaderORDER[made by M. SUNDAR, J.]The genesis of the captioned main 'writ petition' (hereinafter 'WP' for the sake of brevity) is a writ petition in W.P. No.1926 of 2025 filed by one Easwaramurthy, with a prayer for removal of alleged encroachments in a canal which flows from Murali lake through various survey numbers in Chennampatti Village, Anthiyur Taluk, Erode District.2.Mr. P. Vijendran, learned counsel for writ petitioners, submits that this W.P.No.1926 of 2025 came to be disposed of by this Court vide order dated 27.01.2025 inter alia recording the stated position of the learned State counsel that survey would be conducted and if Page Nos.5/15 https://www.mhc.tn.gov.in/judis W.P.No.13780 of 2025encroachments are found qua said canal, action would be initiated under 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} and holding that if encroachments are found and if action for removal of encroachments is initiated, T.K.Shanmugam principle being law laid down by a Hon'ble Full Bench of this Court in T.K. Shanmugam's case [T.K. Shanmugam vs. State of Tamil Nadu] reported in 2015 (5) LW 397, vide sub sub-paragraphs (i) to (iii) of sub-paragraph (f) of paragraph 15, should be followed.3.Mr. P. Vijendran, learned counsel for writ petitioners, points out that there are three private respondents in W.P.No.1926 of 2025, viz., Palanisamy (R4), Sembanan (R5) and Ramesh (R6) and they are not writ petitioners in the captioned main WP. Learned counsel submits that R1 (District Collector) has sent a communication to R3 (Executive Engineer, PWD, Water Resources Department) being communication dated 18.02.2025 (signed on 04.03.2025) bearing reference O.M.4084/2025/A1, adverting to W.P.No.1926 of 2025 and calling upon R3 to act. Thereafter, on 17.03.2025, 16 writ petitioners, along with several others, including 3 private respondents in W.P.No.1926 of 2025, have sent a representation, is learned counsel's further say. Adverting to this representation, learned counsel submits that T.K.Shanmugam principle is yet to be followed.Page Nos.6/15 https://www.mhc.tn.gov.in/judis W.P.No.13780 of 20254.Issue notice to respondents. 5.Mr. V. Ravi, learned Special Government Pleader, accepts notice for official respondents (RR 1 to 3) and submits, on instructions, that survey has already been conducted and notices as per T.K.Shanmugam principle will be issued and issue of notices is in the anvil. 6.If notices are issued as per T.K. Shanmugam principle, obviously, the same have to be issued along with Form – III of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007 (hereinafter 'Tanks Rules' for the sake of brevity) and on receipt of the same, the writ petitioners/alleged encroachers can give their objections inter alia relating to classification and nature of encroachments within two weeks. Thereafter, the authorities should consider the objections and pass appropriate orders.7.To be noted, as already alluded to supra, T.K.Shanmugam principle has been laid down by a Hon'ble Full Bench and this Division Bench respectfully follows the same.8.In the light of view articulated supra, there cannot be any coercive action without following T.K. Shanmugam principle and coercive action, if any, can be only subject to and depending on the orders to be made after putting writ petitioners on notice giving them an opportunity and considering their objections.Page Nos.7/15 https://www.mhc.tn.gov.in/judis W.P.No.13780 of 20259.Therefore, there shall be an order of status quo as of today as regards alleged encroachments in canal which flows from Murali lake through various survey numbers in Chennampatti Village, Anthiyur Taluk, Erode District.10.To be noted, R4 (private respondent) is the writ petitioner in the previous writ petition, viz., W.P.No.1926 of 2025 and he has to be served and therefore, this interim order of status quo is being granted.11.As regards R4, private notice returnable by 05.06.2025 is permitted.12.Aforereferred order of status quo shall continue till 05.06.2025 but we make it clear that proceedings under the Tanks Act and Tanks Rules as per T.K. Shanmugam principle shall be commenced and continued.List on 05.06.2025.'4. The aforereferred 17.04.2025 proceedings shall now be read as an integral part and parcel of this order. This also means that the short forms, abbreviations and short references used in the earlier proceedings/orders shall continue to be used in the instant order also.5. As regards private respondents/R4 to R6 in earlier writ petition in W.P.No.1926 of 2025, they had filed a review application in Page Nos.8/15 https://www.mhc.tn.gov.in/judis W.P.No.13780 of 2025Review Application No.120 of 2025. The same has been disposed of as withdrawn/closed today vide a separate order.6. Reverting to the case at hand, we shall be referring to the 'communication from R1 (District Collector, Erode) to R3 (Executive Engineer (PWD), Water Resources Department, Bhavani, Erode District) being communication dated 18.02.2025 (signed on 04.03.2025) bearing reference O.Mu.4084/2025/A1' as 'impugned communication' for the sake of convenience and clarity. Post impugned communication, a 'representation dated 17.03.2025' which is a generic representation which describes the addressor as 'Ch;g;bghJkf;fs;' seeking survey has been sent (hereinafter 'said representation' for the sake of convenience and clarity).7. Today, learned State counsel on instructions submits that survey was infact conducted on 25.04.2025 by R3 but only private respondent/R4 (Mr.Easwaramurthi, S/o.Mr.Kuppusamy Gounder) was informed orally through the Village Administrative Officer. In other words, the writ petitioners were neither informed nor put on notice. Thereafter, notices in accordance with T.K. Shanmugam principle Page Nos.9/15 https://www.mhc.tn.gov.in/judis W.P.No.13780 of 2025were issued to seven out of sixteen writ petitioners (Mr.Sureshkumar, S/o.Mr.Periyasamy (Writ Petitioner No.1-two notices in respect of two different extents of land), Mr.Mariyappan, S/o.Mr.Ramasamy (Writ Petitioner No.8), Mr.Rasu, S/o.Mr.Chinnamanga Gounder (Writ Petitioner No.9), Mr.Krishnan, S/o.Mr.Chinnamanga Gounder (Writ Petitioner No.15), Mr.Perumal, S/o.Mr.Ramasamy (Writ Petitioner No.13), Mr.Sri Rangan, S/o.Mr.Ramasamy (Writ Petitioner No.14), Mr.Lingappan, S/o.Mr.Pazhanimoopan (Writ Petitioner No.16) and twelve others (Mr.Murugesan, s/o.Mr.Palanisamy, Mr.Murugan, S/o.Mr.Sengoda Gounder, Mr.Cheenan, S/o.Mr.Perumal, Mr.Ammasai, S/o.Mr.Perumal, Mr.Raja, S/o.Mr.Gurusamy, Mr.Ranjith, S/o.Mr.Gurusamy, Ms.Kanaga, D/o.Mr.Viswanathan, Mr.Kuppusamy, S/o.Mr.Elayappan, Mr.Ramasamy, S/o.Mr.Elayappan, Mr.Murugan, S/o.Mr.Sengoda Gounder, Ms.Kavitha, D/o.Mr.Murugan, Mr.Selvan, S/o.Mr.Chinnamanga Gounder) (twenty in all). The notices are identical and a scanned reproduction of the notice issued to the Writ Petitioner No.1 is as follows:Page Nos.10/15 https://www.mhc.tn.gov.in/judis W.P.No.13780 of 2025Page Nos.11/15 https://www.mhc.tn.gov.in/judis W.P.No.13780 of 20258. Now it is necessary that T.K. Shanmugam principle is followed and the matter is carried to its logical end i.e., one way or the other.9. In the light of the narrative thus far, the following order is made:9.1 There shall be a survey of lands which are subject matter of aforereferred 20 notices all dated 08.07.2025 after putting on notice all the noticees as well as R4/private respondent;9.2 All the noticees as well as private respondent/R4 can be present at the time of survey;9.3 A survey report shall be drawn up by R2;9.4 A copy of the survey report shall be furnished to all the noticees as well as private respondent/R4;Page Nos.12/15 https://www.mhc.tn.gov.in/judis W.P.No.13780 of 20259.5 The aforereferred exercise shall be completed within a fortnight from today i.e, on or before 08.08.2025;9.6 Thereafter, within two weeks from 08.08.2025, i.e., on or before 22.08.2025, noticees shall respond to the 08.07.2025 notices;9.7 Considering the responses (if any), State shall carry the matter to its logical end one way or the other following T.K. Shanmugam principle and it shall be done as expeditiously as the business of official respondents would permit but in any event within fourteen weeks from today i.e., on or before 31.10.2025;9.8 To be noted, T.K. Shanmugam principle holds the field as regards proceedings under Tanks Act and Tanks Rules. Nonetheless as survey has been conducted by putting only one party on notice, we Page Nos.13/15 https://www.mhc.tn.gov.in/judis W.P.No.13780 of 2025have directed a survey after putting both sides on notice. Therefore, this aspect of the order will not serve as a precedent in all and every case under Tanks Act and Tanks Rules.10. Captioned WP is disposed of in the aforesaid manner. Consequently, captioned WMPs are disposed of as closed. There shall be no order as to costs.(M.S.,J.) (K.G.T.,J.)25.07.2025Index : YesNeutral Citation: YesmmiP.S.: Though the captioned WP is disposed of, list it under the cause list caption 'FOR REPORT' on 14.11.2025.To1.The District Collector, Collectorate, Erode District.2.The Tahsildar, Anthiyur Taluk, Anthiyur, Erode District.3.The Executive Engineer (PWD), Water Resources Department, Bhavani, Erode District.Page Nos.14/15 https://www.mhc.tn.gov.in/judis W.P.No.13780 of 2025M.SUNDAR, J.,andK.GOVINDARAJAN THILAKAVADI, J.,mmiW.P.No.13780 of 202525.07.2025Page Nos.15/15