Madras High Court

WP/20760/2026 of T. Ramakrishnan Vs The Principal Secretary to Government on 16 October 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-10-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE B.KARTHIKEYAN

WP No. 20760 of 2026

and

WMP.No. 23382 of 2026

CNR: {HCMA011157162026}

T. Ramakrishnan,

S/o.R,Thandavarayan, Hindu, aged 64 years Lake and Water Source, 12/154- Kamarajar Street, Karuppur (Post) Omalur (TK), Salem District 636 012.

..Petitioner(s)

Vs

1. The Principal Secretary to Government, Department of Municipal Administration and Water Supplies, Government of Tamil Nadu, Fort St. George Chennai 600 009.

2. The Commissioner of Town Panchayats,

The Commissionerate of Town Panchayats,

7th and 8th Floors,

Urban Administrative Office Campus,

No.75, Santhome High Road,

R.A.Puram, Chennai 600 028.

3. The Commissioner,

HR & CE Department, Mahatma Gandhi Road, Nungambakkam, Chennai 600 034.

4. The District Collector,

Salem District,

Salem 636 001.

5. The District Environmental Engineer,

Tamil Nadu Pollution Control Board,

Ground Floor, TNHB Layout Back Side to the Office of EPFO, Government Higher Secondary School Road, Sarkar Kollapatti, Thalavaypatti Post, Salem West Taluk, Salem 636 302.

6. The Revenue Divisional Offider,

Mettur, Salem District 627 808.

7. The Tahsildar,

Omalur Taluk, Omalur, Salem District 636 455.

8. The Block Development Officer,

Omalur Taluk, Omalur, Salem District 636 455.

9. The Assistant Commissioner,

Department of Hindu Religious and Charitable Endowments, Salem 636 001.

10.The Executive Officer,

Karuppur Town Panchayat,

Venkateshwara Nagar, 5th Ward, Karuppur, Omalur Taluk, Salem District 636 013.

..Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of writ of mandamus, directing the respondents 1 to 10, to consider the representation of the petitioner dated 18.05.2026 and direct the respondents to take necessary action for removal of the encroachments in the lakes, storm water canals and other water bodies at Survey No.57 i.e Nallappankuttai Lake at Vellakkalpatti Panchayat, Survey No.195, Panankattu New Lake, Survey No.194, Chinna Lake, Survey No.157, Mir Samuthra Lake, Survey No.29, Samuthra Lake Karuppur Town Panchayat and Survey Nos.197/3, 199/4, 200/2, Rain Water Streams in Survey No.12/1, and Pit in Survey No.144 /2 and in Survey No.170 /2 Chellappillaikutti of Omalur Taluk Salem District and issue such further or other orders or directions deemed fit and proper in the facts and circumstance of this case.

For Petitioner(s):

Mr.M.Ramamoorthi

For Respondent(s):

Mr.R.Hashwanth

Government Advocate for R1, 2, 4, 6 to 8 & R10

Mr.D.Yashwanth Rajan

Government Advocate (HR & CE) for R3 & 9

Mr.V.Gunasekar

Senior Counsel for R5

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ORDER

(Order of the Court was made by S.M.Subramaniam J.) The present Public Interest Litigation has been instituted seeking removal of encroachments in water bodies. The Executive Officer, Karuppur Town Panchayat has filed a counter affidavit stating that encroachments have been identified in certain water bodies, namely, Pannankattu Lake and other lakes.

2. The learned Government Advocate would submit that approximately 100 families have encroached upon the lake areas and that the authorities have already initiated enforcement action to remove the encroachments and protect the water bodies.

3. This Court is of the considered view that, if the families who have encroached upon the lakes are homeless poor people, the authorities shall receive applications from those encroachers and place them before the competent authority for consideration and for allotment of alternative tenements or house sites under any of the Government welfare schemes, so as to protect their livelihood. Such homeless encroachers are to be suitably relocated so as to ensure that their livelihood is not affected. Since the encroachments in the lakes have been made long before, the competent authorities may receive applications from the homeless poor people and initiate appropriate action. The relocation of such families from the water bodies are to be done as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.

4. The learned counsel for the petitioner would submit that encroachments have been found in ten lakes. However, the authorities have now stated that encroachments have been identified in six lakes. In this regard, the respondents are directed to conduct further inspections and identify encroachments, if any, in the remaining lakes. All encroachments in the water bodies are to be removed, and the lakes are to be protected to preserve water resources for the benefit of the public at large. Encroachments in water bodies cause serious hardship to the people residing in the surrounding localities. Further, failure to preserve these water sources would have serious consequences for the public at large.

5. However, before evicting such homeless poor people who have encroached upon the water bodies, the authorities shall make suitable alternative arrangements for their relocation so as to protect their livelihood. The entire exercise shall be completed within a period of six months from the date of receipt of a copy of this order. Upon such relocation of the homeless poor people, the encroachments shall be removed. It is made clear that, if any of the encroachers is found to be ineligible for relocation, the encroachments shall be removed by following the procedures prescribed under the relevant statutes and rules in force.

6. With the above observations and directions, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. (S.M.S.,J.) (B.K.,J.) 16-10-2026 Index: Yes Speaking Neutral Citation: Yes/No KKN

To

1. The Principal Secretary to Government, Department of Municipal Administration and Water Supplies, Government of Tamil Nadu, Fort St. George Chennai 600 009.

2. The Commissioner of Town Panchayats, The Commissionerate of Town Panchayats, 7th and 8th Floors, Urban Administrative Office Campus, No.75, Santhome High Road, R.A.Puram, Chennai 600 028.

3. The Commissioner, HR & CE Department, Mahatma Gandhi Road, Nungambakkam, Chennai 600 034.

4. The District Collector, Salem District, Salem 636 001.

5. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Ground Floor, TNHB Layout Back Side to the Office of EPFO, Government Higher Secondary School Road, Sarkar Kollapatti, Thalavaypatti Post, Salem West Taluk, Salem 636 302.

6. The Revenue Divisional Offider, Mettur, Salem District 627 808.

7. The Tahsildar, Omalur Taluk, Omalur, Salem District 636 455.

8. The Block Development Officer, Omalur Taluk, Omalur, Salem District 636 455.

9. The Assistant Commissioner, Department of Hindu Religious and Charitable Endowments, Salem 636 001.

10. The Executive Officer, Karuppur Town Panchayat, Venkateshwara Nagar, 5th Ward, Karuppur, Omalur Taluk, Salem District 636 013.

S.M.SUBRAMANIAM, J. AND B.KARTHIKEYAN, J. KKN WP No. 20760 of 2026 16-10-2026

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