WP/42614/2026 of D.A.V. SM Fomra School Vs THE DISTRICT COLLECTOR on 16 October 2026

ORDER

(Order of the Court was made by S.M.Subramaniam J.) Writ on hand has been instituted challenging the letter dated 08.09.2026 sent by the Assistant Engineer, Water Resources Department, Irrigation Section, Tirupporur to the writ petitioner.

2. The facts in brief between the parties appears that petitioner’s institution constructed a culvert across Thaiyur surplus course for the benefit of their institution, in the year 2006. 25 years lapsed. The subject property falls in Old Mahabalipuram Road (OMR) and several building projects are developed in that locality and on account of mushrooming of concrete buildings, converting the area into a concrete jungle, people face heavy flooding during monsoon / rainy seasons. Water flooding causes untold agony to the people residing in that locality and in order to protect the water body and to ensure free flow of water through Thaiyur surplus course, authorities have initiated action. The Water Resources Department found that culvert constructed by the petitioner 25 years back was inadequate and would cause obstruction for free flow of water during monsoon season. Therefore, an action has been initiated to widen the culvert, so as to ensure free flow of water and to avoid flooding in the locality.

3. Admittedly, it is a watercourse and to be protected by the Government. Any construction obstructing free flow of water is to be removed, so as to avoid flooding during rainy season. In this context, authorities started negotiating with the petitioner institution. In the event of not removing the small culvert or expanding the width of the culvert, there is likelihood of flooding during monsoon season and in such circumstances, authorities will have no option but to remove the small culvert by invoking the provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachments Act, 2007.

4. Considering the fact that the petitioner is running an institution and using the small culvert for the past about 20 years, they started negotiating with the petitioner for widening the culvert, to ensure to provide pathway to the petitioner institution as well as to ensure water flooding does not occur during the rainy season.

5. In this regard, an abstract estimate was prepared and a communication was sent by the Assistant Engineer, WRD to the petitioner, requesting the petitioner to coordinate with other institutions and layout developers for mobilizing the funds to construct the additional vents to match with the FMB width for free flow of water. Authorities made it clear that the communication is to be treated as most urgent since the monsoon season has started.

6. Learned Senior Counsel appearing on behalf of the petitioner would mainly contend that the culvert constructed by the petitioner 25 years back is being used by other institutions and layout developers at later point of time. Therefore, they have to contribute for reconstructing the culvert to avoid flooding. Authorities are fixing the petitioner alone, which resulted in filing of the writ petition.

7. Learned Special Government Pleader would oppose by stating that the petitioner has not obtained permission from the Water Resources Department for construction of culvert. The small culvert was constructed 25 years back. Authorities taking into consideration that the culvert is being used by the petitioner institution, has taken efforts to coordinate for reconstructing the culvert and to ensure free flow of water through Thaiyur surplus course.

8. The Assistant Engineer of WRD has given the short facts which would show that The Thaiyur Village is one of the most flood vulnerable hotspots in Thiruporur Taluk of Chengalpattu District. The Thaiyur Tank, which is under the control of WRD is the largest tank in Thiruporur Taluk with a Catchment area of 49.82 Sq.Km and receives surplus water of 9 tanks before draining into sea. The Thaiyur Tank discharges 4000 Cusec of Flood water into the Thaiyur Surplus Course, that flows along the central portion of the Thaiyur Village for a length of 3km and crosses OMR Road at S.F.No.1478. The Petitioner (SMK Fomra School) has constructed an insufficient Culvert for a width of 6m as against the actual channel width of 20m for his own use. Also, the discharge capacity of the Culvert constructed by the Petitioner is barely 150 Cusec as against the Channel discharge of 4000 Cusec, causing obstruction to the free flow of flood water and it's been a major reason for widespread flooding of Thaiyur village, marooning the agricultural fields and residential areas for 2-3 days.In this connection, the WRD has instructed the Petitioner to widen the culvert for the actual channel width at a cost of Rs.44.00 Lakh on 08.09.2026 by giving reasonable opportunity and ample time. Also, the District Collector, Chengalpattu during the field inspections to the flood hotspots has repeatedly instructed the line departments to remove the Culvert constructed by the Petitioner and further, notices were issued to the Petitioner by the WRD and BDO, Thiruporur to reconstruct the Culvert for the channel width. But the petitioner did not take any action on the served notice and instead purposefully delaying the issue jeopardizing the Public lives during the monsoon season.The WRD during every monsoon season spending lakhs of Public money to desilt and maintain the Thaiyur Channel for free flow of flood water, but the inadequate Culvert constructed by the Petitioner was severely obstructing the free flow of flood water. Hence, the Hon'ble Court may please issue the direction to the Petitioner to remove the insufficient Culvert before this Monsoon season and reconstruct it to the Channel width.

9. Considering the urgency and considering the fact that likelihood of water flooding during monsoon season, which could affect large number of people residing in that locality, this Court is of the considered view that all the stakeholders are to be consulted in coordination with the department, so as to ensure that the culvert has been reconstructed for the benefit of the users as well as to avoid flooding in that locality. Non- cooperation of any party in this regard would result in invoking the provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachments Act, 2007.

10. Public interest is of paramount importance. Private interest cannot supersede the public interest in the matter of maintenance of water bodies and obstructions causing flooding in a particular locality. Therefore, petitioner being an institution and the other institutions and the layout developers have to coordinate with the departmental authorities and to ensure that the interest of the residents, who are all residing there are to be protected from flood.

11. The impugned communication itself states that petitioner is requested to coordinate with other institutions and layout developers for mobilizing funds to construct the additional vents to match with the FMB width for free flow of flood water. An abstract estimate also has been enclosed along with the impugned communication. The said communication per se would not provide a cause for institution of the present writ proceedings. The communication cannot be construed as grievance, since the authorities have just requested the petitioner to coordinate with the other institutions and layout developers for mobilizing funds to construct the additional vents to match with the FMB width for free flow of flood water. It is for the petitioner as well as the departmental authorities to convene meetings along with the other institutions and layout developers and find out an amicable solution for construction of additional vents to match with the FMB width for free flow of flood water.

12. In the event of non-cooperation between the parties and additional vents are not constructed and in such circumstances, authorities are duty bound to ensure that the life and properties of the people residing in that locality are protected from water flooding during monsoon season. Petitioner as an institution, having constructed the culvert 25 years back is also expected to coordinate along with the authorities.

13. In view of the above observation, the writ petition stands dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (B.K.,J.) 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD Note: Issue order copy today i.e., 16.10.2026.

To

1. The District Collector GST Road Chengalpattu, Venbakkam, Tamil Nadu 603 111

2. The Executive Engineer PWD office, VOC Nagar, Chengalpattu, Vallam, Tamil Nadu 603 001

3. The Assistant engineer Water Resources Department, Irrigation section, Thiruporur

4. The Rural Development officer Thaiyur Road, Thaiyur Village, Thiruporur Taluk, Chengapattu 603 103

S.M.SUBRAMANIAM, J. AND B.KARTHIKEYAN, J. GD WP No. 42614 of 2026 16-10-2026