W.P.Nos.11087 of 2022 and 36501 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.10.2025 CORAM : THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.Nos.11087 of 2022 and 36501 of 2023 and W.M.P.Nos.10680, 10682 of 2022; 36494 and 36495 of 2023 W.P.No.11087 of 2022: R.Sathish Kumar, S/o.Raja, Karthikeyapuram Village, Tiruttani Taluk, Thiruvallur District. Petitioner Vs 1.The Principal Secretary to Government Revenue and Disaster Management Dept., Thalamuthu Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai- 600 008. 2.The Collector, Thiruvallur District, Thiruvallur. 3.The District Revenue Officer, Thiruvallur District, Thiruvallur. ______________ p. 2 W.P.Nos.11087 of 2022 and 36501 of 2023 4.The Revenue Divisional Officer, Tirttani, Thiruvallur District. 5.The Tahsildar, Tiruttani Taluk, Thiruvallur District. 6.The Commissioner, Tiruttanni Municipality, Tiruttani ,Thiruvallur District. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records relating to the impugned G.O.Ms.No.558 dated 13.9.2021 on the file of the 1st respondent and quash the same. For Petitioner: Mr.P.Krishnan For Respondents: Mr.T.K.Saravanan Addl. Government Pleader for respondent Nos.1 to 5 Mr.M.Suresh Kumar Additional Advocate General assisted by Mr.P.Srinivas Standing Counsel for respondent No.6 ______________ p. 3 W.P.Nos.11087 of 2022 and 36501 of 2023 W.P.No.36501 of 2023: 1.K.J.Balasubramaniam, S/o.A.K.Jeyaraman, No.4, 8th Cross Street, Akkaiah Street, Tiruttani, Tiruvallur District. 2.A.K.Babu S/o.A.K.Kothandapani, No.12, Akkaiah Street, Tiruttani, Tiruvallur District. Petitioners Vs 1.The Commissioner of Municipal Administration, MRC Nagar, Santhome High Road, Chennai-600 028. 2.The District Collector Collectorate, Tiruvallur, Tiruvallur District. 3.The Revenue Divisional Officer Tiruttani, Tiruvallur District. 4.The Revenue Tahsildar Tiruttani Taluk, Tiruvallur District. ______________ p. 4 W.P.Nos.11087 of 2022 and 36501 of 2023 5.The Commissioner Tiruttani Municipality, Tiruttani, Tiruvallur District. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the respondents from causing any damage to the odai/canal/waterbody in S.F.Nos.107, 182 and 184, Karthikeyapuram Village, Tiruttani Taluk, Thiruvallur District, by laying Thar Road and to use the said lands as dumping yard for the 5th respondent Municipality by considering the petitioners' representation dated 07.11.2023. For Petitioners: Mr.P.Krishnan For Respondents: Mr.T.K.Saravanan Addl. Government Pleader for respondent Nos.1 to 4 Mr.M.Suresh Kumar Additional Advocate General assisted by Mr.P.Srinivas Standing Counsel for respondent No.5 ______________ p. 5 W.P.Nos.11087 of 2022 and 36501 of 2023 COMMON ORDER (Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the parties. 2. Challenge to the development of Solid Waste Management facility is based mainly on the premise that the land which has been allotted under the impugned Government Order is a waterbody. 3. A detailed counter-affidavit has been filed by respondent No.6 in W.P.No.11087 of 2022 and the status report of the Tahsildar (respondent No.4 in W.P.No.36501 of 2023) has also been placed. 4. What emerges is that in the “A” register, the land is not recorded as waterbody, but in the FMB sketch, there is a notation as Kuttai on a small part. The contents of the affidavit show that there is no depression at all in the land and it is neither a place ______________ p. 6 W.P.Nos.11087 of 2022 and 36501 of 2023 suitable for storage of water, nor for the recharge of ground water, and it cannot be used as waterbody to store the rain water. 5. In any case, respondent No.6 in W.P.No.11087 of 2022 in its counter-affidavit clearly stated that the Revenue Divisional Officer, in his proceedings dated 17.8.2022, has advised that the said extent of the notation as Kuttai may be left out from the proposed development of the Resource Recovery Centre (RRC) facility. 6. From what has been stated by the respondent authorities and the materials on record, we do not think that any public interest is involved in this matter, as there is no waterbody actually available. 7. Number of disputes of factual nature are being raised by the petitioners disputing the correctness and validity of those reports. ______________ p. 7 W.P.Nos.11087 of 2022 and 36501 of 2023 8. This is not the forum for raising such factual disputes. No case is made out by the petitioners. 9. The writ petitions are dismissed. There shall be no order as to costs. Consequently, W.M.P.Nos.10680, 10682 of 2022 and 36495 of 2023 are closed. W.M.P.No.36494 of 2023 filed to permit the petitioners to file a single writ petition is allowed, subject to payment of separate court-fee within a period of two weeks. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 23.10.2025 Index : Yes/No Neutral Citation : Yes/No bbr ______________ p. 8 W.P.Nos.11087 of 2022 and 36501 of 2023 To: 1.The Principal Secretary to Government Revenue and Disaster Management Dept., Thalamuthu Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai- 600 008. 2.The Collector Thiruvallur District, Thiruvallur. 3.The District Revenue Officer Thiruvallur District, Thiruvallur. 4.The Revenue Divisional Officer Tirttani, Thiruvallur District. 5.The Tahsildar Tiruttani Taluk, Thiruvallur District. 6.The Commissioner Tiruttanni Municipality, Tiruttani ,Thiruvallur District. 7.The Commissioner of Municipal Administration MRC Nagar, Santhome High Road, Chennai-600 028. ______________ p. 9 W.P.Nos.11087 of 2022 and 36501 of 2023 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J. bbr W.P.Nos.11087 of 2022 and 36501 of 2023 23.10.2025 ______________