Madras High Court
WP/44860/2026 of P.Poochendu Vs The District Collector on 3 November 2026
WP No. 44860 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-11-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP No. 44860 of 2026
CNR:{HCMA012634172026}
AND
WMP NO. 50343 OF 2026
P.Poochendu
w/o.late.Periyasami,
Residing at No.1, West Gopalapuram,
Pattabiram, Thandurai,
Chennai-600 072
..Petitioner(s)
Vs
1. The District Collector
Tiruvallur District, Tiruvallur.
2. The Tahsildar
Avadi Taluk, Tiruvallur District.
3. The Assistant Engineer
Water Resources Department,
Adyar Irrigation Division,
St. Thomas Mount, Chennai-600 016
..Respondent(s)
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned notice dated 29.10.2026 issued by the 3rd respondents requiring the petitioner to vacate the residence situated at No.1, West Gopalapuram, Pattabiram, Thandurai, Chennai-600 072 quash the same
WP No. 44860 of 2026
insofar as it relates to the petitioners property and consequently direct the respondents to not interfere with petitioner residence.
For Petitioner(s):
Mr.K.Bhuvaneshwaran
For Respondent(s):
Ms.R.K.Varshini
Government Advocate For R 1-3
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Order
(Order of the Court was made by S.M.Subramaniam J.) The eviction notice dated 29.10.2026 is under challenge in the present writ petition. The eviction notice impugned would show that already notice was issued on an earlier occasion on 23.02.2026 in Form III. In response to the said Form III notice dated 23.02.2026, the petitioner has submitted his explanation. The authorities considered the same and found that the subject property in encroachment is a water body. In respect of water body, the authorities are expected to evict the encroachers and preserve the water body for the benefit of the people and to ensure that such water bodies are free from encroachment.
2. Section 7(1) and 7(2) of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 reads as under: “7(1) If the officer specified in sub-section (2) of Section 6 is of opinion that any person has encroached upon any land within
WP No. 44860 of 2026
the boundaries of the tank and that the encroacher should be evicted, the officer shall issue a notice in the manner as may be prescribed, calling upon the person concerned to remove the encroachment before a date specified in the notice.
(2) Where, within the period specified in the notice under sub- section (1), the encroacher has not removed the encroachment and has not vacated the land within the boundaries of the tank, the officer referred to in sub-section (2) of section 6 shall remove the encroachment and take possession of the land within the boundaries of the tank encroached upon, by taking such police assistance as may be necessary. Any police officer whose help is required for this purpose shall render necessary help to that officer.”
3. The Full Bench of this Court has delivered a judgment regarding protection of waterbodies in the case of T.K.Shanmugam -vs- State of Tamil Nadu and Others (2015) 5 MAD LW 397. The Act also contemplates that on issuance of notice, by affording opportunity to the encroachers, such encroachments in the water body are to be removed, if necessary with the assistance of the police. Since the procedures as contemplated in the aforesaid Act has been followed in the present case, this Court does not find any infirmity in respect of the eviction notice impugned in the present writ petition.
WP No. 44860 of 2026
3. For the above reasons, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (R.R.V.,J.) 03-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST To
1. The District Collector Tiruvallur District, Tiruvallur.
2. The Tahsildar Avadi Taluk, Tiruvallur District.
3. The Assistant Engineer Water Resources Department, Adyar Irrigation Division, St. Thomas Mount, Chennai-600 016
WP No. 44860 of 2026
S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. KST WP No. 44860 of 2026 AND WMP NO. 50343 OF 2026 03-11-2026