W.A. No.214 of 2020 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 11.11.2025 CORAM THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ W.A. No.214 of 2020 and C.M.P. No.2362 of 2022 Tamil Nadu Electricals rep. By its Partner Mr.N.G.Ravi Prakash, No.28, Prithvipakkam, Ambattur, Chennai – 600 005. ... Appellant Vs. 1.The State of Tamil Nadu rep. By its Secretary to Government, Small Industries Department, Secretariat, Chennai – 600 009. 2.Tamil Nadu Small Industries Development Corporation Ltd., rep. By its Chairman & Managing Director, SIDCO, Electronics Complex, Thiru.Vi.Ka. Industrial Estate, Guindy, Chennai – 600 032. 3.The Project Officer, Tamil Nadu Small Industries Development Corporation Ltd., Administration Block Building, I Floor, Ambattur, Chennai – 600 058. ... Respondents Writ Appeal filed under Clause 15 of Letters Patent against the order https://www.mhc.tn.gov.in/judis W.A. No.214 of 2020 dated 30.08.2019 in W.P. No.23693 of 2008. For Appellant : Mr.Naveen Kumar Murthi For Respondents : Mr.S.Senthil Murugan, Special Government Pleader for R1 Mr.Karthikai Balan for R2 and R3 JUDGMENT (Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.) Under assail is writ order dated 30.08.2019 in W.P.No.23693 of 2008. 2. Industrial plot has been allotted in favour of appellant on 16.09.1993 and possession was handed over. Subsequently, Tamil Nadu Small Industries Development Corporation Limited, which allotted industrial plot in favour of the appellant, found that subject plot is a waterbody and classified as 'fishing pond and other pond area'. Pertinently, even before handing over of possession, subject plot allotted has been declared as waterbody viz., 'fishing pond and other pond area'. Since subsequently order has been passed on 01.08.2008 cancelling the allotment on the ground that subject industrial plot allotted is identified as a waterbody i.e., 'fishing pond and other pond area', waterbody cannot be allotted for industrial purposes. Tamil Nadu Small Industries Development Corporation Limited committed a mistake in allotting waterbody in favour of appellant. Subsequently, Tamil Nadu Small Industries Development Corporation Limited noticed that allotment made cannot be https://www.mhc.tn.gov.in/judis W.A. No.214 of 2020 sustained and passed an order cancelling the allotment. 3. High Court in exercise of power of judicial review under Article 226 of The Constitution of India cannot issue any direction to reclassify the waterbody. Reclassification is impermissible as waterbodies are to be protected for the benefit of people at large. Water is life. Protection of waterbodies is a constitutional mandate. Thus, State has to preserve waterbodies and protect the same for public benefit. That being so, claim of the appellant for reclassification cannot be considered by this Court. As far as cancellation is concerned, this Court is of the considered opinion that appellant is entitled to get back money deposited and said deposit money is directed to be returned to the appellant along with interest at 8% per annum from the date of payment till the date of repayment. Tamil Nadu Small Industries Development Corporation Limited is directed to settle the said amount within a period of eight weeks from the date of receipt of a copy of this order. 4. With the above direction, the writ appeal stands dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. [S.M.S., J.] [M.S.Q., J.] 11.11.2025 Index:Yes/No Neutral Citation:Yes/No mmi https://www.mhc.tn.gov.in/judis W.A. No.214 of 2020 To 1.The Secretary to Government, Small Industries Department, Secretariat, Chennai – 600 009. 2.The Chairman & Managing Director, Tamil Nadu Small Industries Development Corporation Ltd., SIDCO, Electronics Complex, Thiru.Vi.Ka. Industrial Estate, Guindy, Chennai – 600 032. 3.The Project Officer, Tamil Nadu Small Industries Development Corporation Ltd., Administration Block Building, I Floor, Ambattur, Chennai – 600 058. https://www.mhc.tn.gov.in/judis W.A. No.214 of 2020 S.M.SUBRAMANIAM, J. AND MOHAMMED SHAFFIQ, J. mmi W.A. No.214 of 2020 11.11.2025 https://www.mhc.tn.gov.in/judis