PROF. DR.S.THAMIZHARASAN vs STATE OF TAMILNADU
- Court
- Madras High Court
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,
Thiruvallur District - 602 001.
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W.P.No.17402 of 2025
6. The District Revenue Officer
Thiruvallur District, Thiruvallur.
The Revenue Divisional Officer
7.
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
*
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2026:MHC:4368
W.P.No.17402 of 2025
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
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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
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2026:MHC:4368
W.P.No.17402 of 2025
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,
Thiruvallur District - 602 001.
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.
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2026:MHC:4368
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
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