Madras High Court

WP/37027/2026 of VIOLET SHEELA Vs THE DISTRICT COLLECTOR on 21 September 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-09-2026

CORAM

THE HON'BLE MR JUSTICE P. VELMURUGAN

AND

THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR

W.P.No.37027 of 2026

CNR:{HCMA011987932026}

and

W.M.P.No.41527 of 2026

Violet Sheela

W/o.Yobu

..Petitioner(s)

Vs

1. The District Collector,

Kanchipuram District,

Kanchipuram- 631 501.

2. The Revenue Divisional Officer,

Sriperumbudur,

Kanchipuram District - 602 105.

3. The Tahsildar,

Kundrathur, Kanchipuram District - 600 069.

4. The Assistant Engineer,

Water Resources Department (WRD),

Irrigation Section, Chembarambakkam,

Kanchipuram District.

5. The Revenue Inspector

Kundrathur Taluk,Kundrathur- 600 069.

6. The Village Administration Officer

Irandam Kattalai Village,

Kundrathur – 600 069.

..Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of a Writ of Certiorarified Mandamus, calling for the records of the 4th respondent in the impugned Show Cause Notice in Form III, dated 27.07.2026 and quash the same, and consequently direct the respondents to conduct a proper boundary survey of the lands in Survey S.Nos.203/2C, 205/2, 205/1B and from Ambedkar Street to petitioner’s house by a competent Taluk Surveyor after issuing proper notice.

For Petitioner(s):

Mr.P.Suresh Kumar

For Respondent(s):

Mr.K.Surendar,

Special Government Pleader

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O R D E R

(Order of the Court was made by P.Velmurugan J.) The petitioner has filed the present writ petition challenging the show cause notice in Form – III, dated 27.07.2026, issued by the fourth respondent under Rule 6(1) of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007, alleging that the petitioner has encroached upon the water channel comprised in S.No.153, in Irandamkattalai Village, and calling upon the petitioner to show cause as to why the alleged encroachment should not be removed.

2. The case of the petitioner is that the petitioner and her family members have been residing for more than 35 years in the property situated at

Irandamkattalai Village in S.No.203/2C, which is classified as ‘Grama Natham’ in the Revenue Records. The property was originally purchased by her mother- in-law in the year 1990, who constructed a small house thereon and obtained patta in her name in Patta No.534. It is further stated that the property tax has been paid and an electricity connection has also been obtained in respect of the said property. Subsequently, the petitioner is stated to have constructed another small house on the eastern side of the property and obtained an electricity connection in the year 2002.

3. It is further stated that pursuant to the impugned show cause notice dated 27.07.2026, the petitioner submitted a detailed explanation on 29.07.2026 to the fourth respondent and also submitted a representation to the third respondent, contending that her property is comprised in S.No.203/2C and not in S.No.153, as alleged in the impugned notice. The petitioner also requested that a proper boundary survey to be conducted by a competent Surveyor in her presence. However, the fourth respondent rejected the petitioner’s explanation and directed her to vacate the premises within one week, failing which coercive steps would be taken for her eviction. Hence, the present writ petition.

4. We have considered the submissions made by the learned counsel for the petitioner and perused the materials available on record.

5. The impugned notice dated 27.07.2026, is admittedly a show cause notice issued in Form-III under Rule 6(1) of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007, calling upon the petitioner to show cause against the alleged encroachment in S.No.153, classified as a water channel. Pursuant thereto, the petitioner submitted her explanation dated 29.07.2026, disputing the alleged encroachment and contending that the property in her occupation is comprised in S.No.203/2C.

6. The grievance of the petitioner is that the said explanation was not accepted and that she was thereafter directed to vacate the property within one week. In view of the fact that the petitioner has already submitted her explanation to the impugned show cause notice, the challenge to the said notice itself cannot be sustained. If the petitioner is aggrieved by any subsequent or final order passed by the competent authority after consideration of her explanation, it is open to the petitioner to work out her remedy in accordance with law.

7. Accordingly, the writ petition stands dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. (P.V.,J.) (G.K.M.,J.) 21-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ms

To

1. The District Collector, Kanchipuram District, Kanchipuram- 631 501.

2. The Revenue Divisional Officer, Sriperumbudur, Kanchipuram District - 602 105.

3. The Tahsildar, Kundrathur Taluk, Kundrathur, Kanchipuram District - 600 069.

4. The Assistant Engineer, Water Resources Department (WRD), Irrigation Section, Chembarambakkam, Kanchipuram District.

5. The Revenue Inspector Kundrathur Taluk, Kundrathur- 600 069.

6. The Village Administration Officer Irandam Kattalai Village, Kundrathur – 600 069.

P.VELMURUGAN J. AND GK.MUTHUKUMAAR J. ms W.P.No.37027 of 2026 and W.M.P.No.41527 of 2026 21-09-2026

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