Madras High Court

WP/17402/2025 of PROF. DR.S.THAMIZHARASAN Vs STATE OF TAMILNADU on 27 October 2026

2026/MHC/4368

W.P.No.17402 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-10-2026

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN

W.P.No.17402 of 2025

CNR:{HCMA010862682025}

AND

W.M.P.No.19728 OF 2025

Prof.Dr.S.Thamizharasan

… Petitioner

-vs-

1. State of Tamil Nadu

Rep. by its Secretary to Government,

Revenue Department,

Fort St.George, Chennai - 600 009.

2. The Commissioner of Revenue

Administration,

O/o.Commissionerate of Revenue

Administration and Disaster Management,

Ezhilagam, Chepauk, Chennai - 600 005.

3. The Commissioner of Land Administration O/o.Commissionerate of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.

4. The Member Secretary,

Chennai Metropolitan Development

Authority (CMDA), No.1, Gandhi Irwin

Road, Egmore, Chennai - 600 008.

5. The District Collector,

Collectorate Building,

W.P.No.17402 of 2025

Page 1 of 5

6. The District Revenue Officer

Thiruvallur District, Thiruvallur.

7. The Revenue Divisional Officer

Bharathiyar Street, SP Nagar,

Kakkalur, Thiruvallur - 602 003.

8. The Tahsildar

Poonamallee Taluk, Trunk Road,

Ettima Nagar, Poonamallee,

Thiruvallur District - 600 056.

9. The Sub Registrar

O/o.The Sub Registrar Kundrathur,

Sammantham Nagar Main Road,

Kundrathur, Chennai - 600 069.

10.The Registrar

ACS Medical College and Hospital,

A Unit of Dr.MGR Educational and

Research Institute Poonamallee High Road (Chennai - Bangalore Highway-NH4), Velappanchavadi, Chennai - 600 077.

… Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, directing R1 to R9 to remove encroachments made by 10th respondent on the Pond in S.No.35 or in any sub divided lands in S.No.35 situated at Noombal Village, Poonamallee Taluk, Thiruvallur District as per the provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 and restore the same as pond, based on the petitioner's representations dated 28.09.2023, 20.12.2023 and 10.02.2024.

For Petitioner:

Mr.S.Sathia Chandran

For Respondents:

Mr.B.Sivakollappan,

Addl. Govt. Pleader for R1, R3, R5 to R9

No Appearance for R4 & R10

*****

W.P.No.17402 of 2025

Page 2 of 5

O R D E R

(Order of the Court was made by S.M.Subramaniam,J.) Writ of Mandamus has been instituted for a direction to R1 to R9 to remove encroachments made by 10th respondent on the Pond in S.No.35 or in any sub divided lands in S.No.35 situated at Noombal Village, Poonamallee Taluk, Thiruvallur District as per the provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 and restore the same as pond, based on the petitioner's representations dated 28.09.2023, 20.12.2023 and 10.02.2024.

2. Tahsildar, Poonamallee Taluk has filed a status report, stating that Revenue Authorities conducted survey based on revenue records and identified encroachments, as stated by the writ petitioner. He further stated that on verification of FMB, it reflects existence of pond in the North-Eastern part of S.No.35 in Noombal Village. Further, Tahsildar found that the land classified as water body as per Revenue Documents has been utilized for construction of a school building operated by R10.

3. From the report, it is clear that Tahsildar identified encroachments on water body. Therefore, duty is cast upon Tahsildar to

W.P.No.17402 of 2025

Page 3 of 5

initiate enforcement action for removal of unauthorized constructions and encroachments in water body. Any construction or encroachment in water body can, at no circumstances, be regularized. Water bodies are to be protected by State. Thus, Official Respondents 1 to 9 are directed to initiate enforcement action by following procedures as contemplated under the relevant Statute and Rules in force and remove encroachments from the water body and protect the same to subserve public goods. The entire exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order. With the above observations and directions, the present Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. (S.M.S.,J.) (R.R.V.,J.) 27-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AR

W.P.No.17402 of 2025

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To:

1. The Secretary to Government, State of Tamil Nadu, Revenue Department, Fort St.George, Chennai - 600 009.

2. The Commissioner of Revenue Administration, O/o.Commissionerate of Revenue Administration and Disaster Management, Ezhilagam, Chepauk, Chennai - 600 005.

3. The Commissioner of Land Administration, O/o.Commissionerate of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.

4. The Member Secretary, Chennai Metropolitan Development Authority (CMDA), No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

5. The District Collector, Collectorate Building,

6. The District Revenue Officer Thiruvallur District, Thiruvallur.

7. The Revenue Divisional Officer Bharathiyar Street, SP Nagar, Kakkalur, Thiruvallur - 602 003.

8. The Tahsildar Poonamallee Taluk, Trunk Road, Ettima Nagar, Poonamallee, Thiruvallur District - 600 056.

9. The Sub Registrar O/o.The Sub Registrar Kundrathur, Sammantham Nagar Main Road, Kundrathur, Chennai - 600 069.

W.P.No.17402 of 2025

S.M.SUBRAMANIAM,J. AND R.RAJESH VIVEKANANTHAN,J. AR W.P.No.17402 of 2025 27-10-2026

Page 5 of 5

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