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Madras High CourtWP/28466/2021disposed of

E.Velan v. The District Collector

2026-01-05Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice C.Kumarappan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-01-2026

CORAM

THE HONOURABLE Mr.JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN WP Nos. 28466 of 2021 & 454 of 2022 AND WMP Nos. 30059, 30061 of 2021, 502 & 504 of 2022

1. E.Velan S/o. M. Ethiraj, No. 31, Murugan Koil Street, Iyyappa Nagar, Ayapakkam, Chennai - 77.

2. A. K. M. Rahamathullah S/o. Mohammed Abdul Kadhar, No. 39, Ayappakkam Main Road, MGR Puram, Chennai - 58.

3. M. Selvakumar S/o. Muthusamy, No. 7, Ayappakkam Main Road, MGR Puram, Chennai - 58.

4. G. Ramasami S/o. Gurusamy, No. 18, Ayappakkam Main Road, MGR Puram, Chennai - 58.

5. N. Raja S/o. Narayanan, No. 10, Ayappakkam Main Road, MGR Puram, Chennai - 58.

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6. K. Banumathi W/o. Late. C. Kasinathan, No. 14/20, Ayappakkam Main Road, MGR Puram, Athipattu Village, Chennai - 58.

7. Sivalingam S/o. Chinnasami, No. 4/7, Ayappakkam Main Road, MGR Puram, Chennai - 58.

8. Yuvaraj S/o. A. Vedhanayagam, No. 6, Ayappakkam Main Road, MGR Puram, Chennai - 58.

9. R. Murugan S/o. E. Ramasamy, No. 14, MGR Puram, Chennai - 58.

10. E. Ravamani W/o. Elumalai, No. 21, Ayappakkam Main Road, MGR Puram, Chennai - 58.

11. H. Murugan S/o. Hariram, No. 5, Ayappakkam Main Road, MGR Puram, Chennai - 58.

12. P. Kupusami s/o. Perumal, No. 4/71 Ayappakkam Main Road, MGR Puram, Chennai - 58.

13. M. Mahendran S/o. Manickam, No. 1, Ayappakkam Main Road, 2/8

MGR Puram,Ambattur, Chennai - 58.

14. M. H. Kalel Rahman S/o. Hussian, No. 4, Ayappakkam Main Road, MGR Puram, Chennai - 58.

15. M. Newton S/o. Mark, No.19-C, Ayappakkam Main Road, MGR Puram, Chennai - 58.

16. J. Arumugam S/o. Late. Jeevaranthinam, No. 3, Ayappakkam Main Road, MGR Puram, Chennai - 58.

17. Duraisingh S/o. Koilraj, No. 11, Ayappakkam Main Road, MGR Puram, Chennai - 58.

Petitioner(s) Vs

1. The District Collector Chennai District, Singaravelar Maaligai, No. 62, Rajaji Salai, 4th Floor, Chennai - 1.

2.Tahsildar Ambattur Taluk, Ambattur, Chennai - 53.

3.The Section Officer Public Works Department, (Water Resources Organisation), 3/8

Redhills Irrigation Wing, Redhills, Chennai - 52.

Respondent(s) WP No. 454 of 2022

1. G.Sekar S/o.Gajapathy, No.1, Dr.MGR Road, Bhavani Nagar, Ayapakkam, Thiruvallur District, Chennai- 600 077.

Petitioner(s) Vs

1. The District Collector Chennai District, Singaravelar Maaligai, No.62, Rajaji Salai, 4th Floor, Chennai- 600 001.

2.Tahsildar Ambattur Taluk, Ambattur, Chennai- 600 053.

3.The Section Officer Pubic Works Department (Water Resource Organization) Redhills Irrigation Wing, Redills, Chennai- 600 052.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the records relating to the third respondent herein in Notice dated 16.12.2019 and the consequent Notice No.p.a/2020 dated 27.1.2020 and quash the same in so far as the petitioners are 4/8

concerned and consequently direct the first respondent herein to regularise and issue patta to the petitioners herein.

WP No. 454 of 2022 PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the records relating to the third respondent herein in Notice dated 16.12.2019 and the consequent Notice No./p.a/2020 dated 27.1.2020 and quash the same and consequently direct the first respondent herein to regularise and issue patta to the petitioner. For Petitioner(s):

in both WPs.

Mr.Navaneetha Krishnan, Senior Counsel For Mr.R.S.Anandan For Respondent(s):

in both WPs.

Mr.T.Arun Kumar, AGP For RR1 To 3.

COMMON ORDER (Order of the Court was made by S.M.Subramaniam J.) The notice issued for removal of encroachments in water body under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 is under challenge in the present Writ Petitions. 2.No writ against a notice is entertainable, unless it is issued by an incompetent authority having no jurisdiction or tainted with the allegations of 5/8

mala fides. Therefore, the writ petitioners are at liberty to submit their objections along with the documents, if any within a period of two(2) weeks from the date of receipt of a copy of this order. On receipt of any such objections, the respondents shall look into the grounds raised and ascertain the encroachments, if any, in the water body and thereafter, remove the same without causing any further delay. The entire exercise is directed to be completed within a period of twelve(12) weeks from the date of receipt of a copy of this order.

3.Accordingly, these Writ Petitions are disposed of. Consequently, the connected Miscellaneous Petitions are also closed. No costs. (S.M.SUBRAMANIAM J.)(C.KUMARAPPAN J.) 05-01-2026 kmi Index:Yes Speaking/Non-speaking order Internet:Yes 6/8

To 1.The District Collector Chennai District, Singaravelar Maaligai, No. 62, Rajaji Salai, 4th Floor, Chennai - 1.

2.Tahsildar Ambattur Taluk, Ambattur, Chennai - 53.

3.The Section Officer Public Works Department, (Water Resources Organisation), Redhills Irrigation Wing, Redhills, Chennai - 52.

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S.M.SUBRAMANIAM J.

AND C.KUMARAPPAN J.

kmi WP Nos. 28466 of 2021 and 454 of 2022 05-01-2026 8/8