C.Kandasamy vs The District Collector,

2026:MHC:4521
WP No. 45375 of 2026
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
WP No. 45375 of 2026
CNR: {HCMA012365962026}
C.Kandasamy
..Petitioner(s)
Vs
1. The District Collector,
Tiruvallur District, Tiruvallur.
2. The Tahsildar,
Avadi Taluk, Tiruvallur District.
3. The Assistant Engineer,
Operation and Maintenance, Avadi North
Section, Tamil Nadu Electricity Distribution
Corporation Limited, Avadi, Chennai -
600054.
4. The Assistant Engineer,
Water Resources Department,
Adyar irrigation division,
St.Thomas mount, Chennai - 600016.
5. The Registrar,
National Green Tribunal, southern zone,
kamarajar salai, PWD Estate, chepauk,
triplicane, chennai - 600005.
..Respondent(s)
Writ petition filed under Article 226 of the Constitution of India
issuing writ of certiorari to call for the records relating to the proposed
action for demolition/removal of the petitioners residential premises on
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2026:MHC:4521
WP No. 45375 of 2026
the allegation of encroachment in Vilinjiambakkam lake/lake inlet area
th
issued in the notice dated on 29.03.2022 (Form-III) issued by the 4
respondent and quash the same.
For Petitioner(s): Mr.C.Lingam
For Respondent(s): Mr.K.Surender
Special Government Pleader for R 1-4
R-5 Ngt
ORDER
(Order of the Court was made by S.M.Subramaniam J.)
The present writ petition has been instituted challenging the Form
III notice issued on 29.03.2022.
2. Writ petition is liable to be rejected on the ground of laches,
since Form III notice issued has been challenged after a lapse of about
four years.
3. The competent authority of the Water Resources Organisation
Department identified encroachments in the ‘lake’ (water body). Thus,
enforcement actions are initiated and Form III notice came to be issued
in the year 2022.
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2026:MHC:4521
WP No. 45375 of 2026
4. Learned Special Government Pleader appearing for the
respondents 1 to 4 would submit that commercial constructions made by
encroaching the water body had already been removed. In respect of
other buildings, enforcement actions are continuing, and in view of the
Government Order issued in G.O.Ms. No. 100, Energy (A1) Department,
dated 16.09.2026, actions are initiated to disconnect the electricity
service connection and for removal of encroachments from the water
body.
5. Encroachments in lake at no circumstances be permitted. Water
bodies are to be protected in public interest, and the Full Bench of this
1
Court in the case of TK Shanmugam vs The State of Tamil Nadu also
reiterated that encroachments in water bodies are to be removed by
following the procedure as contemplated under the Tamil Nadu
Protection of Tanks and Eviction of Encroachment Act, 2007.
6. In the present case, enforcement actions have already been
initiated. Petitioner is at liberty to submit his explanation, if any, to the
authorities in response to the notice issued within a period of 10 days
from today, and the authorities shall look into the same and thereafter,
proceed with the enforcement action and remove encroachments
1
2015 (5) LW 397
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2026:MHC:4521
WP No. 45375 of 2026
identified in the water body and protect the same for preservation of the
water to cater the needs of the public residing in that locality, and in
public interest.
7. With the above observation, the writ petition stands dismissed.
No costs. Consequently, the connected Miscellaneous Petitions, if any,
are closed.
(S.M.S.,J.) (R.R.V.,J.)
10-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
GD
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2026:MHC:4521
WP No. 45375 of 2026
To
1. The District Collector,
Tiruvallur District, Tiruvallur.
2. The Tahsildar,
Avadi Taluk, Tiruvallur District.
3. The Assistant Engineer,
Operation and Maintenance, avadi north
section, Tamilnadu Electricity Distribution
Corporation Limited, Avadi, Chennai -
600054.
4. The Assistant Engineer,
Water Resources Department, adyar
irrigation division, St.Thomas mount,
chennai - 600016.
5. The Registrar,
National Green Tribunal, southern zone,
kamarajar salai, PWD Estate, chepauk,
triplicane, chennai - 600005.
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2026:MHC:4521
WP No. 45375 of 2026
S.M.SUBRAMANIAM, J.
AND
R.RAJESH VIVEKANANTHAN, J.
GD
WP No. 45375 of 2026
10-11-2026
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