K.Balaji v. The Chief Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.M.P. No.27335 of 2025 in W.P. No.24285 of 2025 1.K.Balaji 2.Selvam 3.P.Vinoth ... Petitioners Vs.
1.The Chief Engineer, Department of Water Resources, Redhills Irrigation Division, Redhills, Chennai - 600 052.
2.The Section Officer, Department of Water Resources, Redhills Irrigation Division, Redhills, Chennai - 600 052.
3.The Tahsildar, Ambattur Taluk, No.1, Chennai Thiruvallur High Road, Ambattur, Chennai - 600 053.
4.Ramakrishnan, Proprietor, North Chennai Sekar Biriyani Point, No.54, 200 Feet Road, Near Thambi Hotel, North Korattur, Thathankuppam, Chennai - 600 049.
... Respondents Page Nos.1/5
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records in connection with impugned Notice No.1036/P/A/2025 dated 13.05.2025 of the second respondent and quash the same and restraining the respondents 1 to 3 from evicting the petitioners in S.Nos.150/1 and 150/2 of an extent of 13877 sq.ft., Korattur Village, Ambattur Taluk, Chennai.
For Petitioners :
Mr.P.M.Bakthavatsalam for Mr.K.Arunprasad For Respondents :
Mr.T.K.Saravanan, Additional Government Pleader for R1 to R3
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Subject matter of captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity) is a 'notice dated 13.05.2025 bearing reference Notice No.1036/P/A/2025 issued by R2 (Section Officer, Department of Water Resources, Redhills Irrigation Division, Redhills, Chennai - 600 Page Nos.2/5
052)' {hereinafter impugned notice for the sake of convenience and clarity}.
2. Issue notice to official respondents.
3. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for R1 to R3/official respondents and submits that Section Officer is now functioning as Assistant Engineer. Notwithstanding his submission, the impugned notice does not say so.
4. Faced with the above situation, learned State counsel sought leave of this Court to withdraw the impugned notice being notice dated dated 13.05.2025 bearing reference Notice No.1036/P/A/2025 but requests that all rights of State be preserved for issuing notice afresh after correct and proper description of designation of the officer issuing notice. Request acceded to.
5. If fresh notice is issued, all the rights of writ petitioners will also stand preserved.
Page Nos.3/5
6. Captioned WP and captioned Writ Miscellaneous Petition (WMP) thereat are disposed of as closed as the impugned notice has since been withdrawn albeit with preservation of rights in the aforesaid manner. There shall be no order as to costs.
(M.S.,J.) (H.C.J.) 10.07.2025 Index : Yes / No mmi To 1.The Chief Engineer, Department of Water Resources, Redhills Irrigation Division, Redhills, Chennai - 600 052.
2.The Section Officer, Department of Water Resources, Redhills Irrigation Division, Redhills, Chennai - 600 052.
3.The Tahsildar, Ambattur Taluk, No.1, Chennai Thiruvallur High Road, Ambattur, Chennai - 600 053.
Page Nos.4/5
M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mmi 10.07.2025 Page Nos.5/5