Hero Basha vs The District Collector
- Court
- Madras High Court
WP No. 43485 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-11-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP Nos. 43485, 43487 and 43498 of 2026
CNR:{HCMA012561922026}
AND
WMP Nos. 48797, 48799, 48809 and 48814 OF 2026
W.P.No.43485 of 2026
Hero Basha
S/o. Kadhar Basha,
Melsiruvallur village and post,
Vanapuram Taluk, Kallakurichi district
..Petitioner
Vs
1. The District Collector
District Collectorate,
Kallakurichi district.
2. The Thasildar
O/o. Thasildar,
Vanapuram Taluk,
Kallakurichi district
3. The Assistant Engineer
(Water Resources Department),
Irrigation Division, Moongilthuraipattu,
Vanapuram Taluk, Kallakurichi district.
..Respondents
__________
Page 1 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/11/2026 01:32:55 pm )
WP No. 43485 of 2026
WP No. 43487 of 2026
CNR:{HCMA012561932026}
Ramzan Basha
S/o. Kadhar Basha Sherif ,
Melsiruvallur village and post,
Vanapuram Taluk, Kallakurichi district
..Petitioner
Vs
1. The District Collector
District Collectorate,
Kallakurichi district.
2. The Thasildar
O/o. Thasildar, Vanapuram Taluk,
Kallakurichi district
3. The Assistant Engineer
(Water Resources Department),
Irrigation Division, Moongilthuraipattu,
Vanapuram Taluk, Kallakurichi district
..Respondents
WP No. 43498 of 2026
CNR:{HCMA012561942026}
Piyaru Basha
S/o. Kadhar Basha Sherif,
Melsiruvallur village and post,
Vanapuram Taluk,
Kallakurichi District
..Petitioner
Vs
1. The District Collector
District Collectorate,
Kallakurichi district
__________
Page 2 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/11/2026 01:32:55 pm )
WP No. 43485 of 2026
2. The Thasildar
O/o. Thasildar,
Vanapuram Taluk,
Kallakurichi district
3. The Assistant Engineer
(Water Resources Department),
Irrigation Division, Moongilthuraipattu,
Vanapuram Taluk, Kallakurichi district.
..Respondents
Prayer in W.P.No.43485 of 2025 : Writ Petition under Article 226 of the
Constitution of India praying for a Writ of Certiorari calling for the records
relating to the impugned order dated 15.09.2026 having ref No. 36/ Ko.12
(Encroachment)/ 2026 / U.Po/ Moo. Thu.Pattu and the subsequent FORM III
Notice dated 5.10.2026 issued by the 3rd respondent quash the same.
Prayer in W.P.No. 43487 of 2026 : Writ Petition under Article 226 of the
Constitution of India praying for a Writ of Certiorari calling for the records
relating to the impugned order dated 15.09.2026 having ref No. 36/ Ko.12
(Encroachment)/ 2026 / U.Po/ Moo. Thu.Pattu and the subsequent FORM III
Notice dated 5.10.2026 issued by the 3rd respondent quash the same.
Prayer in W.P. No. 43498 of 2026 : Writ Petition under Article 226 of the
Constitution of India praying for a Writ of Certiorari calling for the records
relating to the impugned order dated 15.09.2026 having ref No. 36/ Ko.12
(Encroachment)/ 2026 / U.Po/ Moo. Thu.Pattu and the subsequent FORM III
Notice dated 5.10.2026 issued by the 3rd respondent quash the same.
For Petitioner(s): Ms. R.Divyapreathika
For Respondent(s): Mr. K. Surender
Special Government Pleader For RR1 & 2
__________
Page 3 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/11/2026 01:32:55 pm )
WP No. 43485 of 2026
Order
(Order of the Court was made by S.M.Subramaniam J.)
These writ petitions have been filed challenging the Form III notices under
the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007.
Prior to Form III notices, show cause notice were issued by the Assistant
Engineer, Water Resources Department vide proceedings dated 15.09.2026.
The authorities during inspection identified in water body. The
encroachments are more specifically identified in Sathanur Tank Canal project
and the importance of the Canal Project has been narrated in Paragraphs 3, 4
and 5 of the status report, which reads as under:
“ 3. It is submitted that, the Sathanur Right Bank Canal
Project was commenced implementation of the project land
were acquired with many survey in 1976 and the project works
were completed in 1981. During numbers in various villages
and compensation was paid.
4. It is respectfully submitted that, the Sathanur Right
Bank Canal Project has been in operation since 1981. For
more than 45 years water has been supplied through the canal
to tanks and for direct ayacut irrigation. In Melsiruvallur village
more than 75 numbers of survey fields were provided for the
Sathanur Right Bank Canal Project. The petitioner's land is
also stated to fall within this area. The Sathanur Right Bank
Canal (S.R.B.C)-18L Distributary is fully Open Canal and it
__________
Page 4 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/11/2026 01:32:55 pm )
WP No. 43485 of 2026
has been supplying water to Ulagalappadi tank and for direct
ayacut irrigation in surrounding areas for more than 45 years.
2. The Assistant Engineer in his report has stated that Form I notice was
issued to the encroachers and they have received the same. Learned
counsel for the petitioners would submit that Form I notices had not been
received by the petitioners.
3. Be that as it may. This court is of the considered view that the
petitioners may be permitted to submit their representations in response to the
notices issued by the competent authority regarding the encroachments in the
water body. In this regard, the petitioners are at liberty to submit their
representations within a period of one week from the date of receipt of a copy
of this order. On receipt of such representations, the respondents shall look
into the same and thereafter take a final decision and proceed with the
enforcement actions for removal of encroachments. Encroachments in water
body, at no circumstances should be permitted. Therefore, the authorities
shall ensure that the water bodies are protected free from encroachment and
ultilise the same to subserve the public cause. The entire exercise shall be
completed by the respondents within a period of twelve weeks from the date
of receipt of a copy of this order.
__________
Page 5 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/11/2026 01:32:55 pm )
WP No. 43485 of 2026
4. With the above direction, the writ petitions stand disposed of. No costs.
Consequently, connected miscellaneous petitions are closed.
(S.M.S.,J.) (R.R.V.,J.)
04-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
KST
To
1. The District Collector
District Collectorate,
Kallakurichi district.
2. The thasildar
O/o. Thasildar,
Vanapuram Taluk,
Kallakurichi district
3. The Assistant Engineer
(Water Resources Department),
Irrigation Division,
Moongilthuraipattu,
Vanapuram Taluk,
Kallakurichi district
__________
Page 6 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/11/2026 01:32:55 pm )
WP No. 43485 of 2026
S.M.SUBRAMANIAM J.
AND
R.RAJESH VIVEKANANTHAN J.
KST
WP Nos. 43485, 43487
and 43498 of 2026
04-11-2026
__________
Page 7 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/11/2026 01:32:55 pm )