Metro Oil And Nuts Traders v. The District Collector
2026:MHC:1608
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-04-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE R.SAKTHIVEL WP Nos. 16410 and 16412 of 2026 and WMP.Nos.17613 and 17614 of 2026 Metro Oil and Nuts Traders Rep. by B.Mohammed Abdullah, No.19 Bhashyam Street, Radha Nagar, Chrompet, Chennai 44.
..Petitioner in WP.No.16410/2026 Sakthi Narayanan R ..Petitioner in WP.No.16412/2026 Vs
1. The District Collector, Chengalpattu, Chengalpattu District.
2. The Tahsildar, Pallavaram Taluk Office, Pallavaram, Chennai.
3. The Assistant Engineer, PWD, Irrigation Section, Water Resource Department, Padappai 601 301.
..Respondents in both Writ Petitions Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the entire records pertaining to the
impugned Form III Eviction Notice dated 6.02.2026 issued by the 3rd respondent quash the same as being illegal, arbitrary and without jurisdiction. For Petitioner :
Mr.S.Gunaseelan in both WPs For Respondents:
Mr.T.Arunkumar, Addl. Govt. Pleader in both WPs COMMON ORDER (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.
4. 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 entertainable and the authorities must be provided with an opportunity to adjudicate the issues on merits by affording an opportunity to the alleged encroachers. 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.) (R.S.V.,J.) 24-04-2026 Index: Yes/No Speaking/Non-speaking order DSA
To
1. The District Collector, Chengalpattu, Chengalpattu District.
2. The Tahsildar, Pallavaram Taluk Office, Pallavaram, Chennai.
3. The Assistant Engineer, PWD, Irrigation Section, Water Resource Department, Padappai 601 301.
S.M.SUBRAMANIAM, J.
AND R.SAKTHIVEL, J.
DSA WP Nos. 16410 and 16412 of 2026 24-04-2026