High Court · 2025

W.P.No.1940 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 27.01.2025CORAM:THE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MR.JUSTICE K.RAJASEKARW.P.No.1940 of 2025 and W.M.P.No.2223 of 20251.P. Thiruvengadam2.T. Manohar3.T. Purushothaman 4.Thiru Rani Logistics Pvt. Ltd.represented by its Senior ManagerC. KarthikeyanNo.1, Krishnadas RoadJamaliaChennai 600 012Petitionersvs.1.The State of Tamil Nadurepresented byThe District CollectorThiruvallur District CollectorateC.V. Naidu SalaiThiruvallur 602 0012.The District Revenue OfficerThiruvallur DistrictCollectorateC.V. Naidu SalaiThiruvallur 602 0013.The Revenue Divisional OfficerPonneri Revenue DivisionPonneri 601 204Page Nos.1/8 https://www.mhc.tn.gov.in/judis W.P.No.1940 of 20254.The TahsildarPonneri TalukPonneri 601 2045.Tamil SelvanRevenue InspectorNayar FirkaPonneri TalukThiruvallur District6.JayalakshmiVillage Administrative OfficerVellivayal VillagePonneri TalukThiruvallur District7.The Executive EngineerPublic Works DepartmentGovernment of Tamil NaduThiruvallur 602 0018.The Assistant Executive EngineerPublic Works DepartmentPonneri 601 2049.DurairajVice PresidentVellivayal Panchayat VellivayalChennai 600 10310.VadivelVellivayal VillageManali New Town PostChennai 600 103RespondentsPage Nos.2/8 https://www.mhc.tn.gov.in/judis W.P.No.1940 of 2025Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 6 to take all necessary steps to remove the encroachments made upon the odai poramboke lands, i.e., in the lands measuring 26 cents comprised in Survey No.68/1, 10 acres 82 cents comprised in Survey No.76/1, 2.28 acres comprised in Survey No.42, 1.60 acre comprised in Survey No.41, 3.14 acres comprised in Survey No.40 and 3.95 acres comprised in Survey No.39, all at Vellivayal Village in Ponneri Taluk, Thiruvallur District.For petitioners Mr. R. KrishnaswamyFor RR 1-4, 7 & 8Mr. T.K. SaravananGovernment AdvocateORDER[made by M.SUNDAR, J.]Captioned main 'writ petition' (hereinafter 'WP' for the sake of brevity) pertains to 'lands in Survey Nos.68/1, 76/1, 42, 41, 40 and 39, at Vellivayal Village in Ponneri Taluk, Thiruvallur District which are classified as Odai Poramboke (Xil g[wk;nghf;F)' (hereinafter collectively referred to as 'said Odai' for the sake of convenience and clarity).2.Mr. C. Munusamy, learned counsel for writ petitioners, submits that lands in aforementioned survey numbers admeasure 26 Page Nos.3/8 https://www.mhc.tn.gov.in/judis W.P.No.1940 of 2025cents, 10 acres 82 cents, 2.28 acres, 1.60 acre, 3.14 acres and 3.95 acres and private respondents, i.e., RR 9 and 10 are alleged encroachers in said Odai.3.Issue notice to official respondents (RR 1 to 4, 7 and 8).4.Mr. T.K. Saravanan, learned Government Advocate, accepts notice for official respondents (RR 1 to 4, 7 and 8) and submits, on instructions, that a survey would be conducted and if encroachments are found qua said Odai, as alleged, action would be initiated for removal of encroachments inter alia 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, convenience and clarity) and 'the Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007' (hereinafter 'Tanks Rules' for the sake of brevity) thereat. This submission is recorded.5.To be noted, initiating action under Tanks Act and Tanks Rules thereat means that the private respondents as well as any other alleged encroacher/s should be put on notice and this is vide Page Nos.4/8 https://www.mhc.tn.gov.in/judis W.P.No.1940 of 2025T.K.Shanmugam principle being law laid down by a Hon'ble Full Bench 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 which read 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 without 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.Page Nos.5/8 https://www.mhc.tn.gov.in/judis W.P.No.1940 of 2025(ii) On receipt of the said notice, the encroacher may give his/her objections relating to the 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, aforementioned T.K. Shanmugam principle is reiteration of T.S.Senthil Kumar's case [T.S.Senthil Kumar vs. Government of Tamil Nadu] being order dated 10.02.2010 reported in (2010) 3 MLJ 771, 2010 Writ LR 113 and MANU/TN/0281/2010] wherein vires of certain provisions of Tanks Act was sustained and abovereferred natural justice principles were telescoped into statute/Rules.6.We make it clear that all rights and contentions of private respondents (RR 9 and 10) as well as any other alleged encroacher/s are preserved when show caused under Tanks Act and Tanks Rules thereat. Therefore, with the consent of learned counsel for writ petitioners and learned State counsel for official respondents, captioned main WP is taken up making it clear that preservation of rights and contentions of private respondents (RR 9 and 10) and other alleged encroachers, when they are proceeded against vide Tanks Act Page Nos.6/8 https://www.mhc.tn.gov.in/judis W.P.No.1940 of 2025and Tanks Rules thereat, will act as a safety valve and that ensures that there is no impediment in captioned main WP being taken up with the consent of learned State counsel and learned counsel for writ petitioners and disposed of with the consent of learned State counsel and counsel for writ petitioners. We do so.7.Learned State counsel also submits, on instructions, that the aforementioned exercise would be commenced and concluded as expeditiously as the business of official respondents would permit but in any event it will be concluded within twelve weeks from today i.e., on or before 21.04.2025. This submission is also recorded.8.Captioned main WP stands disposed of recording the stated position of learned State counsel. Consequently, captioned writ miscellaneous petition thereat is disposed of as closed. There shall be no order as to costs.(M.S., J.) (K.R.S., J.)27.01.2025Index : Yes / NoNeutral Citation : Yes / NoSpeaking order / Non-speaking ordercadP.S.List on 09.06.2025 under the cause list caption 'FOR REPORTING COMPLIANCE'Page Nos.7/8 https://www.mhc.tn.gov.in/judis W.P.No.1940 of 2025M.SUNDAR, J.andK.RAJASEKAR, J.cadTo1.The District CollectorThiruvallur District CollectorateC.V. Naidu Salai, Thiruvallur 602 0012.The District Revenue OfficerThiruvallur DistrictCollectorateC.V. Naidu Salai, Thiruvallur 602 0013.The Revenue Divisional OfficerPonneri Revenue DivisionPonneri 601 2044.The TahsildarPonneri Taluk, Ponneri 601 2045.The Executive EngineerPublic Works DepartmentGovernment of Tamil NaduThiruvallur 602 0016.The Assistant Executive EngineerPublic Works DepartmentPonneri 601 204W.P.No.1940 of 202527.01.2025Page Nos.8/8