D.A.V. SM Fomra School vs THE DISTRICT COLLECTOR

2026:MHC:4255
WP No. 42614 of 2026
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. 42614 of 2026
CNR: {HCMA012453502026}
D.A.V. SM Fomra School
Rep. by its Authorized Representative
Srikumar Fomra,
Fomra Nagar, Rajiv Gandhi salai (OMR),
IT Highway, Kelambakkam
Tamil Nadu 603103
..Petitioner(s)
Vs
1. The District Collector
GST Road Chengalpattu,
Venbakkam, Tamil Nadu 603 111
2. The Executive Engineer
PWD office,
VOC Nagar, Chengalpattu,
Vallam, Tamil Nadu 603 001
3. The Assistant engineer
Water Resources Department,
Irrigation section, Thiruporur
4. The Rural Development officer
Thaiyur Road, Thaiyur Village,
Thiruporur Taluk,
Chengapattu 603 103
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of
India issuing writ of certiorarified mandamus calling for the records on
__________
Page1 of 10
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:36:11 pm )

2026:MHC:4255
WP No. 42614 of 2026
the file of the 3rd respondent in Letter No .F.21/ SMK Fomra/ 2026 dated
8.09.2026 and quash the same as illegal, incompetent and devoid of
merit and further pass an order directing the respondents to desilt and
remove the garbage in the canal to facilitate the smooth flow of water
while retaining the bridge and culvert as it presently stands and pass
For Petitioner(s): Mr. V.Raghavachari for Mrs. V.Srimathi
For Respondent(s): Mr.K.Surender
Special Government Pleader for R1 to R3
Mr.Karthik Selvaraj for R4
ORDER
(Order of the Court was made by S.M.Subramaniam J.)
Writ on hand has been instituted challenging the letter dated
08.09.2026 sent by the Assistant Engineer, Water Resources
Department, Irrigation Section, Tirupporur to the writ petitioner.
2. The facts in brief between the parties appears that petitioner’s
institution constructed a culvert across Thaiyur surplus course for the
benefit of their institution, in the year 2006. 25 years lapsed. The subject
property falls in Old Mahabalipuram Road (OMR) and several building
projects are developed in that locality and on account of mushrooming of
concrete buildings, converting the area into a concrete jungle, people
face heavy flooding during monsoon / rainy seasons. Water flooding
__________
Page2 of 10
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:36:11 pm )

2026:MHC:4255
WP No. 42614 of 2026
causes untold agony to the people residing in that locality and in order to
protect the water body and to ensure free flow of water through Thaiyur
surplus course, authorities have initiated action. The Water Resources
Department found that culvert constructed by the petitioner 25 years
back was inadequate and would cause obstruction for free flow of water
during monsoon season. Therefore, an action has been initiated to
widen the culvert, so as to ensure free flow of water and to avoid
flooding in the locality.
3. Admittedly, it is a watercourse and to be protected by the
Government. Any construction obstructing free flow of water is to be
removed, so as to avoid flooding during rainy season. In this context,
authorities started negotiating with the petitioner institution. In the event
of not removing the small culvert or expanding the width of the culvert,
there is likelihood of flooding during monsoon season and in such
circumstances, authorities will have no option but to remove the small
culvert by invoking the provisions of the Tamil Nadu Protection of Tanks
and Eviction of Encroachments Act, 2007.
4. Considering the fact that the petitioner is running an institution
and using the small culvert for the past about 20 years, they started
negotiating with the petitioner for widening the culvert, to ensure to
__________
Page3 of 10
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:36:11 pm )

2026:MHC:4255
WP No. 42614 of 2026
provide pathway to the petitioner institution as well as to ensure water
flooding does not occur during the rainy season.
5. In this regard, an abstract estimate was prepared and a
communication was sent by the Assistant Engineer, WRD to the
petitioner, requesting the petitioner to coordinate with other institutions
and layout developers for mobilizing the funds to construct the additional
vents to match with the FMB width for free flow of water. Authorities
made it clear that the communication is to be treated as most urgent
since the monsoon season has started.
6. Learned Senior Counsel appearing on behalf of the petitioner
would mainly contend that the culvert constructed by the petitioner 25
years back is being used by other institutions and layout developers at
later point of time. Therefore, they have to contribute for reconstructing
the culvert to avoid flooding. Authorities are fixing the petitioner alone,
which resulted in filing of the writ petition.
7. Learned Special Government Pleader would oppose by stating
that the petitioner has not obtained permission from the Water
Resources Department for construction of culvert. The small culvert was
constructed 25 years back. Authorities taking into consideration that the
__________
Page4 of 10
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:36:11 pm )

2026:MHC:4255
WP No. 42614 of 2026
culvert is being used by the petitioner institution, has taken efforts to
coordinate for reconstructing the culvert and to ensure free flow of water
through Thaiyur surplus course.
8. The Assistant Engineer of WRD has given the short facts which
would show that The Thaiyur Village is one of the most flood vulnerable
hotspots in Thiruporur Taluk of Chengalpattu District. The Thaiyur Tank,
which is under the control of WRD is the largest tank in Thiruporur Taluk
with a Catchment area of 49.82 Sq.Km and receives surplus water of 9
tanks before draining into sea. The Thaiyur Tank discharges 4000
Cusec of Flood water into the Thaiyur Surplus Course, that flows along
the central portion of the Thaiyur Village for a length of 3km and crosses
OMR Road at S.F.No.1478. The Petitioner (SMK Fomra School) has
constructed an insufficient Culvert for a width of 6m as against the actual
channel width of 20m for his own use. Also, the discharge capacity of
the Culvert constructed by the Petitioner is barely 150 Cusec as against
the Channel discharge of 4000 Cusec, causing obstruction to the free
flow of flood water and it's been a major reason for widespread flooding
of Thaiyur village, marooning the agricultural fields and residential areas
for 2-3 days.In this connection, the WRD has instructed the Petitioner to
widen the culvert for the actual channel width at a cost of Rs.44.00 Lakh
on 08.09.2026 by giving reasonable opportunity and ample time. Also,
__________
Page5 of 10
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:36:11 pm )

2026:MHC:4255
WP No. 42614 of 2026
the District Collector, Chengalpattu during the field inspections to the
flood hotspots has repeatedly instructed the line departments to remove
the Culvert constructed by the Petitioner and further, notices were
issued to the Petitioner by the WRD and BDO, Thiruporur to reconstruct
the Culvert for the channel width. But the petitioner did not take any
action on the served notice and instead purposefully delaying the issue
jeopardizing the Public lives during the monsoon season.The WRD
during every monsoon season spending lakhs of Public money to desilt
and maintain the Thaiyur Channel for free flow of flood water, but the
inadequate Culvert constructed by the Petitioner was severely
obstructing the free flow of flood water. Hence, the Hon'ble Court may
please issue the direction to the Petitioner to remove the insufficient
Culvert before this Monsoon season and reconstruct it to the Channel
width.
9. Considering the urgency and considering the fact that likelihood
of water flooding during monsoon season, which could affect large
number of people residing in that locality, this Court is of the considered
view that all the stakeholders are to be consulted in coordination with the
department, so as to ensure that the culvert has been reconstructed for
the benefit of the users as well as to avoid flooding in that locality. Non-
cooperation of any party in this regard would result in invoking the
__________
Page6 of 10
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:36:11 pm )

2026:MHC:4255
WP No. 42614 of 2026
provisions of the Tamil Nadu Protection of Tanks and Eviction of
Encroachments Act, 2007.
10. Public interest is of paramount importance. Private interest
cannot supersede the public interest in the matter of maintenance of
water bodies and obstructions causing flooding in a particular locality.
Therefore, petitioner being an institution and the other institutions and
the layout developers have to coordinate with the departmental
authorities and to ensure that the interest of the residents, who are all
residing there are to be protected from flood.
11. The impugned communication itself states that petitioner is
requested to coordinate with other institutions and layout developers for
mobilizing funds to construct the additional vents to match with the FMB
width for free flow of flood water. An abstract estimate also has been
enclosed along with the impugned communication. The said
communication per se would not provide a cause for institution of the
present writ proceedings. The communication cannot be construed as
grievance, since the authorities have just requested the petitioner to
coordinate with the other institutions and layout developers for mobilizing
funds to construct the additional vents to match with the FMB width for
free flow of flood water. It is for the petitioner as well as the departmental
__________
Page7 of 10
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:36:11 pm )

2026:MHC:4255
WP No. 42614 of 2026
authorities to convene meetings along with the other institutions and
layout developers and find out an amicable solution for construction of
additional vents to match with the FMB width for free flow of flood water.
12. In the event of non-cooperation between the parties and
additional vents are not constructed and in such circumstances,
authorities are duty bound to ensure that the life and properties of the
people residing in that locality are protected from water flooding during
monsoon season. Petitioner as an institution, having constructed the
culvert 25 years back is also expected to coordinate along with the
authorities.
13. In view of the above observation, the writ petition stands
dismissed. No costs. Consequently, the connected miscellaneous
petitions, if any, are closed.
(S.M.S.,J.) (B.K.,J.)
16-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
GD
Note: Issue order copy today i.e., 16.10.2026.
__________
Page8 of 10
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:36:11 pm )

2026:MHC:4255
WP No. 42614 of 2026
To
1. The District Collector
GST Road Chengalpattu,
Venbakkam, Tamil Nadu 603 111
2. The Executive Engineer
PWD office,
VOC Nagar, Chengalpattu,
Vallam, Tamil Nadu 603 001
3. The Assistant engineer
Water Resources Department,
Irrigation section, Thiruporur
4. The Rural Development officer
Thaiyur Road, Thaiyur Village,
Thiruporur Taluk,
Chengapattu 603 103
__________
Page9 of 10
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:36:11 pm )

2026:MHC:4255
WP No. 42614 of 2026
S.M.SUBRAMANIAM, J.
AND
B.KARTHIKEYAN, J.
GD
WP No. 42614 of 2026
16-10-2026
__________
Page10 of 10
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:36:11 pm )