K.Kathavarayan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-06-2026
CORAM
THE HONOURABLE DR JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MRS.JUSTICE N. MALA AND W.M.P.No.23524 of 2026, W.M.P.No.23424 of 2026 Thiru. K.Kathavarayan, S/o.Kumarasamy, Residing at No.1, Ambal Nagar, 9th Street, Keelkattalai, Chennai- 600 117.
... Petitioner Vs.
1. The District Collector, Chengalpattu District, Chengalpattu- 603 001.
2.The Tahsildar, Pallavaram Taluk, Chengalpattu District, Chennai- 600 044.
3.The Assistant Engineer (AE), Water Resources Department, Krishna Water Canal Project (Telugu Ganga Project), Division-2, Perivu-1 (Sub Division), Near Main Canal/ Tahsildar Office, Uthukottai - 602 026, Tiruvallur District, Tamil Nadu. ... Respondents Prayer: Writ Petition has been filed under Article 226 of Constitution of India, to issue Writ of Certiorarified Mandamus, calling for the entire records relating to the order Form-III, Show Cause Notice dated 02.04.2026 issued by the 3rd respondent and quash the same and consequentially directing the 3rd Page Nos.1/5
respondents to recognise the Petitioner's lawful possession of 2400 sq.ft. of the Schedule Property and to refrain from taking any coercive action. For Petitioner:
Mr.M.Thiruvengadam For Respondents:
Mr.B.Sivakollapan, Govt. Advocate
O R D E R
(Order of the Court was made by G.Jayachandran J.) The petitioner herein, claiming title over the property bearing S.No.338 with specific boundaries at Keelkattalai Village, has filed the present writ petition challenging the show cause notice in Form III under Rule 6(1) of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007.
2. The Learned Counsel appearing for the petitioner claims that, through a valid sale deed, he purchased the said property and been in possession and enjoyment since 1997. The property has been assessed to tax and Chit and Adangal been issued in his name. Without proper notice, the impugned show cause notice been issued for eviction.
3. The Learned Government Advocate appearing for the respondents contends that the sale deed relied by the petitioner herein is from a person who had no valid title. The sale deed on which the writ petitioner relies does not disclose or trace a valid title to the property. That apart, being an unregistered sale deed and the survey of the land been conducted and found that six persons, Page Nos.2/5
including the petitioner herein, have encroached the water bodies.
4. The Tahsildar, Pallavaram Taluk, Chengalpattu District informed the 3rd respondent/Assistant Engineer, Water Resources Department, Tiruvallur District, about the illegal encroachment of water body. Based on this information from the Revenue Department, the show cause notice been issued.
5. Considering the records and the submissions of the respondents, we find that the impugned notice is a show cause notice issued to the writ petitioner and other encroachers to appear in person and submit explanation as to why the encroachment should not be removed. If the petitioner has submitted any explanation, the respondent authorities have to consider it and pass appropriate orders in accordance with law and take follow-up action. If there is any encroachment in the water bodies, the respondent authorities are directed to take immediate action and report compliance by two weeks.
6. Call the matter on 24.06.2026.
(Dr. G.JAYACHANDRAN, J.) & (N.MALA, J.) 10-06-2026 Index :Yes/No.
:Yes/No.
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To
1. The District Collector, Chengalpattu District, Chengalpattu- 603 001.
2.The Tahsildar, Pallavaram Taluk, Chengalpattu District, Chennai- 600 044.
3.The Assistant Engineer (AE), Water Resources Department, Krishna Water Canal Project (Telugu Ganga Project), Division-2, Perivu-1 (Sub Division), Near Main Canal/Tahsildar Office, Uthukottai - 602 026, Tiruvallur District, Tamil Nadu.
4. The Government Pleader, High Court, Madras.
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Dr. G.JAYACHANDRAN, J.
AND N.MALA, J.
bsm & W.M.P.No.23524 of 2026 W.M.P.No.23424 of 2026 10-06-2026 Page Nos.5/5