Madras High Court

WP/42805/2025 of C.PARAMASIVAM Vs THE ENGINEER-IN-CHIEF AND CHIEF ENGINEER(GENERAL) on 10 November 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-11-2026

CORAM

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

AND

THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN

W.P.No.42805 of 2025

CNR:{HCMA012460292025}

C.Paramasivam

..Petitioner(s)

-vs-

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1. The Engineer-in-Chief and Chief Engineer (General), Water Resources Department, Chepuak, Chennai – 600 005.

2. The Chief Engineer Water Resources Department, Coimbatore Zone, Coimbatore-1.

3. The District Collector Erode District, Erode

4. The District Revenue Officer, Erode District, Erode.

5. The Revenue Divisional Officer, Erode Division, Erode.

6. The Superintendent Engineer, Public Works Department, Konavaikkal, Erode-2.

7. The Executive Engineer Water Resources Department PWD, Lower Bhavani Division, Erode District.

8. The Tahsildar Kodumudi Taluk, Kodumudi, Erode District.

9. The Revenue Inspector Sivagiri Firka, Kodumudi Taluk, Erode District.

10. The Village Administrator Officer Vallipuram Village, Kodumudi Taluk, Erode District.

11. Sivaraj … Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, directing the respondents 1 to 10 to remove the encroachment made in S.Nos.166, 165 and 164 of the Villipuram Village, Kodumudi Taluk, Erode District canal encroached by the 11th respondent and further direct the respondents 1 to 10 to maintain the canal without any encroachment and to maintain free flow of water in the canal to the petitioner land. For Petitioner: Mr.K.Karthikeyan For Respondents: Mr.S.Rishab Narayanan, GA for R1 to R10 No Appearance for R11 ***** O R D E R

(Order of the Court was made by S.M.Subramaniam,J.) This Writ Petition has been filed for a direction to the respondents 1 to 10 to remove the encroachment made in S.Nos.166, 165 and 164 of the Villipuram Village, Kodumudi Taluk, Erode District canal encroached by the 11th respondent and further direct the respondents 1 to 10 to maintain the canal without any encroachment and to maintain free flow of water in the canal to the petitioner land.

2. In the context of the relief sought for in the present writ petition in respect of removal of encroachment made in S.Nos.166, 165 and 164 of the Villipuram Village, Kodumudi Taluk, Erode District, learned Government Advocate appearing for R1 to R10 would submit that survey has been conducted and encroachments were identified. He would further submit that Authorities competent have already issued show cause notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 and after affording opportunity to encroachers and on receipt of explanation, if any from encroachers, final notice under Section 6 of the Act will be issued and thereafter, encroachments will be removed.

3. In view of the said submission, Official Respondents are directed to remove encroachments identified by following procedures as contemplated under the Act and Rules in force. 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 direction, the present Writ Petition is disposed of. No costs. (S.M.S.,J.) (R.R.V.,J.) 10-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AR

S.M.SUBRAMANIAM,J. AND R.RAJESH VIVEKANANTHAN,J. AR To:

1. The Engineer-in-Chief and Chief Engineer (General), Water Resources Department, Chepuak, Chennai – 600 005.

2. The Chief Engineer Water Resources Department, Coimbatore Zone, Coimbatore-1.

3. The District Collector Erode District, Erode

4. The District Revenue Officer, Erode District, Erode.

5. The Revenue Divisional Officer, Erode Division, Erode.

6. The Superintendent Engineer, Public Works Department, Konavaikkal, Erode-2.

7. The Executive Engineer Water Resources Department PWD, Lower Bhavani Division, Erode District.

8. The Tahsildar Kodumudi Taluk, Kodumudi, Erode District.

9. The Revenue Inspector Sivagiri Firka, Kodumudi Taluk, Erode District.

10. The Village Administrator Officer Vallipuram Village, Kodumudi Taluk, Erode District.

10.11.2026

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