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2024 DAILYLAW 3322 (MAD)

M.GOVINDHAN v. THE DISTRICT COLLECTOR

WP/27863/2024 · 2026-04-01

K Surender, S M Subramaniam

Transfer Petitionbody2024

Judgment text

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WP No. 27863 of 2024 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-04-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER WP Nos. 27863 & 27864 of 2024 and WMP Nos. 30374, 30375, 30377 & 30379 of 2024 WP No. 27863 of 2024 M.Govindhan S/o.Munusamy, Erikkarai Street, Edaiyalam Village, Madhurantakam Taluk. ..Petitioner(s) Vs 1. The District Collector Chengalpattu District, Chengalpattu. 2. Revenue Divisional Officer Revenue Divisional Office, Madhuranthagam 3. The Tashildar Madhuranthagam Taluk, Chengalpattu District. 4. The Assistant Engineer Department Of Water Resources, Irrigation Division, Achirapakkam. ..Respondent(s) WP No. 27864 of 2024 M.Raman S/o.Munusamy, Erikkarai Street, Edaiyalam Village, Madhurantakam Taluk. ..Petitioner(s) Vs 1. The District Collector Chengalpattu District, Chengalpattu. 2. Revenue Divisional Officer https://www.mhc.tn.gov.in/judis WP No. 27863 of 2024 __________ Page2 of 6 Revenue Divisional Office, Madhuranthagam 3. The Tashildar Madhuranthagam Taluk, Chengalpattu District. 4. The Assistant Engineer Department Of Water Resources, Irrigation Division, Achirapakkam. ..Respondent(s) WP.No.27863 of 2024 To call for the records pertaining to the impugned notice dated 14.08.2024 issued in form No.III by the 4th respondent and to set aside the same as it is illegal and improper and consequently direct the 4th respondent to conduct the proper enquiry affording opportunity to the petitioner and to pass the order after analyzing the revenue records related to the property bearing survey No.23/1 and 23/2 Edaiyalam Village, Maduranthangam Taluk, Chengalpattu District WP No. 27864 of 2024 To call for the records pertaining to the impugned notice dated 14.08.2024 issued in form No.III by the 4th respondent and to set aside the same as it is illegal and improper and consequently direct the 4th respondent to conduct the proper enquiry affording opportunity to the petitioner and to pass the order after analyzing the revenue records related to the property bearing survey No.23/1 and 23/3 Edaiyalam Village, Maduranthangam Taluk, Chengalpattu District WP Nos. 27863 & 27864 of 2024 For Petitioner(s): Mr.S.N.Ravikumar For Respondent(s): Mr.T.Arun Kumar, Addl.G.P for R1 to R4 https://www.mhc.tn.gov.in/judis WP No. 27863 of 2024 __________ Page3 of 6 COMMON ORDER (Order of the Court was made by S.M.Subramaniam J.) Notice issued by the Assistant Engineer, Water Resources Organisation, Public Works Department, for removal of encroachments in water body, is under challenge in the present writ petition. 2. The Assistant Engineer, Irrigation Section, Achirapakkam, filed a status report stating that the encroachments are identified in a water body, namely, Periya Eri Poramboke (WRD land) as per the revenue records. Patta produced by the petitioner was also verified and found to be fake. Therefore, the authorities have initiate appropriate action. The relevant paragraph of the status report is extracted hereunder. 8. It is respectfully submitted that the Tahsildar, Madurantakam Taluk, (3rd respondent herein) vide letter No.4268/2024/B3/ dated 30.9.2024 has submitted a report to WRD that the petitioner has constructed a house in S.No.23/1 (extent-68.05.0 hectares) classified as Periya Eri Proamboke (SRD land) as per the revenue records. The Adangal Register (A- Register) of the Edaiyalam Village is as follows:- S.No. Survey No. Extent (in hectares) Classification Patta No. and Patta Owner Name Remarks 1. 23/1 68.05.0 Government Poramboke --- Periya Eri 2. 23/2 0.06.00 Ryotwari-Nanjai 186- R.Ponammal The scrutiny of the petitioner’s assignment patta issued in the year 2000 revealed that there is no file number in the https://www.mhc.tn.gov.in/judis WP No. 27863 of 2024 __________ Page4 of 6 assignment patta and also no changes were carried out in Village A-Register in respect of the petitioner’s assignment patta. The Tahsildar, Madurantakam Taluk, (3rd respondent) has mentioned that the petitioner has constructed house in the S.No.23/1 (extent -68.05.0 hectares) classified as Eri which is considered as an objectionable watercourse poramboke land and further stated that the genuineness of the assignment patta cannot be assessed. 3. In view of the status report, the authorities are directed to proceed with the enforcement action and ensure that the encroachments in the water body are removed by following all further procedures in the manner contemplated under the Statute and Rules. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S.,J.) (K.S.,J.) 01-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No vsi To 1. The District Collector Chengalpattu District, Chengalpattu. 2. Revenue Divisional Officer Revenue Divisional Office, Madhuranthagam https://www.mhc.tn.gov.in/judis WP No. 27863 of 2024 __________ Page5 of 6 3. The Tashildar Madhuranthagam Taluk, Chengalpattu District. 4. The Assistant Engineer Department Of Water Resources, Irrigation Division, Achirapakkam. https://www.mhc.tn.gov.in/judis WP No. 27863 of 2024 __________ Page6 of 6 S.M.SUBRAMANIAM J. AND K.SURENDER J. vsi WP Nos. 27863 & 27864 of 2024 and WMP Nos. 30374, 30375, 30377 & 30379 of 2024 01-04-2026 https://www.mhc.tn.gov.in/judis