Dinesh Kaliyaperumal v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-06-2026
CORAM
THE HONOURABLE DR JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MRS.JUSTICE N. MALA & W.M.P.Nos.22792, 22793 & 22795 of 2026
1. Dinesh Kaliyaperumal, S/o. Kaliyaperumal, Door No.28A, Vennaru Lane Karai, Needamangalam Taluk, Thiruvarur District-614 040.
2. K. Vijay S/o. Kaliyaperumal, Door No.41/A/1, ST-2, Vennaru Lane, Katunayakkan Street, Needamangalam Taluk, Thiruvarur District-614 040.
... Petitioners Vs.
1. The Principal Secretary to Government, Revenue and Disaster Management Department, Secretariat, Fort St. George, Chennai - 600 009.
2.The Principal Secretary to Government, Water Resources Department Secretariat, Fort St. George, Chennai - 600 009.
3.The Principal Secretary to Government, Public Works Department, Secretariat, Fort St. George, Chennai - 600 009.
Page Nos.1/6
4.The District Collector, Thiruvarur District, Master Plan Complex, Nagapattinam Road, Vilamal, Thiruvarur 610 004.
5.The District Revenue Officer (DRO), District revenue office, Nagai road, Collector office, Tiruvarur 610 004.
6.Revenue Divisional Officer, Mannargudi Pakkuppettai Street, Mannargudi, Tiruvarur District- 614 001.
7.The Tahsildar, Rishiyur Road, Needamangalam Taluk, Thiruvarur District -614 404.
8.The Executive Engineer, Water Resources Department (WRD) Vennar Basin Division, Vilar road, Tanjavur 613 001.
9.The Assistant Engineer, Water Resources Department (PWD), Vennar Basin Division, North Street Needamangalam Thiruvarur district- 614 404.
... Respondents Prayer: Writ Petition has been filed under Article 226 of Constitution of India, to issue Writ of Certiorarified Mandamus, calling for the records of the 9th respondent in the Impugned Eviction Order dated 25.05.2026 issued under Rule 6(1) of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007 in respect of Survey No.12, Needamangalam Village, Mannargudi Taluk, Thiruvarur District and quash the same as violative of the principles of natural justice, illegal, arbitrary, and unconstitutional and consequently direct the respondents, their men, employees, subordinates, agents or any other persons claiming or acting through or under them not to take any coercive Page Nos.2/6
action including eviction, demolition or dispossession of the petitioners, pending consideration and disposal of the petitioners representation dated 25.05.2026 seeking issuance of Patta.
For Petitioners:
Mr.K.M.D. Muhilan For Respondents:
Mr. B. Sivakollapan, Govt. Advocate, for R1 to R9
O R D E R
(Order of the Court was made by G.Jayachandran J.) When the matter was taken up for admission, the Learned Counsel appearing for the petitioner made a pointed argument that the land in petitioner's possession and occupation does not fall within the definition of Tank to invoke provisions of Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 and therefore, the impugned order issued under the said Act is per se without any legal force.
2. This Court, on 05.06.2026, directed the Government Advocate to verify whether the representation given by the writ petitioner seeking patta and the notice issued under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 applies to the disputed area.
3. When the matter taken up for consideration today (29.06.2026), the Learned Government Advocate submitted that the land in dispute is a river bund Page Nos.3/6
but does not fall within the definition of Tank under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007. Hence, the authorities have contemplated to withdraw the impugned notice and issue notice under the appropriate provision of law for removal of encroachment.
4. Recording the same, this Writ Petition is disposed of. It is always open to the petitioners herein to avail legal protection under the law if any eviction notice is issued under the appropriate provision of law. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. (Dr. G.JAYACHANDRAN, J.) & (N.MALA J.) 29-06-2026 Index :Yes/No.
:Yes/No.
bsm To,
1. The Principal Secretary to Government, Revenue and Disaster Management Department, Secretariat, Fort St. George, Chennai - 600 009.
2.The Principal Secretary to Government, Water Resources Department Secretariat, Fort St. George, Chennai - 600 009.
3.The Principal Secretary to Government, Public Works Department, Secretariat, Fort St. George, Chennai - 600 009.
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4.The District Collector, Thiruvarur District, Master Plan Complex, Nagapattinam Road, Vilamal, Thiruvarur - 610 004.
5.The District Revenue Officer (DRO), District revenue office, Nagai road, Collector office, Tiruvarur - 610 004.
6.Revenue Divisional Officer, Mannargudi Pakkuppettai Street, Mannargudi, Tiruvarur District- 614 001.
7.The Tahsildar, Rishiyur Road, Needamangalam Taluk, Thiruvarur District -614 404.
8.The Executive Engineer, Water Resources Department (WRD) Vennar Basin Division, Vilar Road, Tanjavur 613 001.
9.The Assistant Engineer, Water Resources Department (PWD), Vennar Basin Division, North Street Needamangalam Thiruvarur district- 614 404.
10. The Government Advocate, High Court, Madras.
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Dr. G.JAYACHANDRAN, J.
AND N.MALA, J.
bsm & W.M.P.Nos.22792, 22793 & 22795 of 2026 29-06-2026 Page Nos.6/6