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[Cites 2, Cited by 0]

Madras High Court

A.Vadivel vs The District Collector on 9 December, 2025

Author: S.M.Subramaniam

Bench: S.M.Subramaniam

                                                                                       W.P.Nos.37015 of 2025 etc. batch
                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 09.12.2025

                                                         CORAM :

                                  THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
                                                      and
                                   THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

                          W.P.Nos.37015, 37021, 37029, 37034, 37044 & 37048 of 2025
                        and W.M.P.Nos.41410, 41396, 41401, 41411, 41417, 41431, 41440
                                  41393, 41415, 41433, 41439, 41404 of 2025


                    W.P.No.37015 of 2025

                    A.Vadivel,
                    S/o Anandhan                                                       ... Petitioner

                                                              Vs.
                    1. The District Collector,
                       Kallakurichi District,
                       Kallakurichi – 606 202.

                    2. The Thasildhar,
                       Vanapuram Taluk (Pagandai Koottu Road),
                       Pagandai Kootu road,
                       Kallakurichi District.
                       Pin Code – 605 801.

                    3. Assistant Engineer,
                       Water Resources and irrigation Department,
                       Middle Pennaiyar Basin Division,
                       vanapuram Section Sub Division,
                       Vanapuram,
                       Thiruvannamalai District.
                       Pin code – 606 753

                    4. The Executive Officer,
                       Manalurpet Town Panchayath,
                       Manalurpet Post, Vanapuram Taluk,
                       Kallakurichi District.

                    5. The Assistant Engineer,
                       TNEB, Manalurpet,
                    Page 1 of 5

https://www.mhc.tn.gov.in/judis              ( Uploaded on: 10/12/2025 06:39:36 pm )
                                                                                          W.P.Nos.37015 of 2025 etc. batch
                        Vanapuram Taluk,
                        Kallakurichi District
                        Pin code 605 754                                          ... Respondents

                    Prayer: Writ Petition filed under Article 226 of the Constitution of India for
                    issuance of a Writ of Certiorarified Mandamus to call for the records on
                    the file of the 3rd respondent culminated in form III Rule 6(1) dated
                    12.07.2025 issued under the Tamil Nadu Protection of Tanks and eviction
                    of Encroachment Act, 2007, in respect of Survey No.76/2, Manalurpet
                    Village, Vanapuram Taluk, Kallakurichi district and quash the same and
                    consequently direct the 3rd respondent not to demolish or remove the
                    petitioner’s house constructed in Survey No.76/2, Manalurpet Village,
                    Vanapuram Taluk, Kallakurichi District alleging as encroachment.

                                    For Petitioner
                                    in all W.P.s                    : Mr.K.Dillibabu

                                    For Respondents
                                    in all W.P.s                    : Mr.A.Selvendran,
                                                                      Spl.Govt.Pleader for R1 to R3
                                                                      Mr.G.Nanmaran,
                                                                      Spl.Govt.Pleader for R4

                                                     COMMON ORDER

S.M.SUBRAMANIAM,J.

The show cause notice issued in Form-III under Tamil the Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 is under challenge in the present writ proceedings.

2. Instead of submitting explanation, the petitioners have chosen to file the writ petitions which are not entertainable, since the alleged encroachments are identified in water bodies. If at all the petitioners have got any documents, they are at liberty to place it before the competent authorities.

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3. Learned Special Government Pleader, based on instructions, would submit that enforcement actions had been initiated to remove the encroachments from water bodies. Certain clarifications are sought for, from revenue authorities so as to confirm that the encroachments are made in water bodies. Therefore, the authorities will complete the enforcement actions in entirety by following the procedures as contemplated under the Act as expeditiously as possible.

4. As far as the petitioners are concerned, the explanation already submitted by the petitioners had been sent for verification to the revenue authorities. Thus, the respondents are directed to conclude the enforcement actions as expeditiously as possible.

5. With the above observations, the Writ Petitions stand dismissed.

No costs. Consequently, connected miscellaneous petitions are closed.

(S.M.S.,J.) (C.K.,J.) 08.12.2025 vsi Index : Yes Speaking order : Yes To

1. The District Collector, Kallakurichi District, Kallakurichi – 606 202.

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2. The Thasildhar, Vanapuram Taluk (Pagandai Koottu Road), Pagandai Kootu road, Kallakurichi District.

Pin Code – 605 801.

3. Assistant Engineer, Water Resources and irrigation Department, Middle Pennaiyar Basin Division, vanapuram Section Sub Division, Vanapuram, Thiruvannamalai District.

Pin code – 606 753

4. The Executive Officer, Manalurpet Town Panchayath, Manalurpet Post, Vanapuram Taluk, Kallakurichi District.

5. The Assistant Engineer, TNEB, Manalurpet, Vanapuram Taluk, Kallakurichi District Pin code 605 754 Page 4 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/12/2025 06:39:36 pm ) W.P.Nos.37015 of 2025 etc. batch S.M. SUBRAMANIAM, J.

and C.KUMARAPPAN,J.

vsi W.P.Nos.37015, 37021, 37029, 37034, 37044 & 37048 of 2025 09.12.2025 Page 5 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/12/2025 06:39:36 pm )