IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.07.2025 CORAM : THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN WP No.22789 of 2025 and WMP No.25600 of 2025 K.Padmanaban S/o.Kandasamy, L302/472, Koottapalli Colony, Tiruchengode, Namakkal District-637 214. Petitioner Vs 1.The State of Tamil Nadu Rep. by its Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai-600 006. 2.The Managing Director Directorate of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, Raja Annamalaipuram, Chennai-600 028. ____________ p. 2 3.The District Collector Namakkal District, Namakkal-637 003. 4.The Tiruchengode Municipality, Rep. by its Commissioner, Tiruchengode-637 211, Namakkal District. 5.The Executive Engineer Water Development Department, Sarabanga Basin Division, Salem-636 007. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct respondent No.4 to forbear from constructing sewage treatment plant (STP) at T.S. No.130/1, Block-14, Ward F, Tiruchengode Town, Namakkal District. For Petitioner: Mr.B.M.Subash For Respondents: Mr.K.Karthik Jagannath Government Advocate ORDER (Order of the Court was made by the Hon'ble Chief Justice) This petition, styled as public interest litigation, has been filed by the petitioner seeking issuance of a writ in the nature of mandamus to forbear the fourth respondent from constructing ____________ p. 3 Sewage Treatment Plant at T.S.No.130/1, Block-14, Ward F, Tiruchengode Town, Namakkal District. 2. On petitioner's own showing and from the documents placed on record, the description of the land stated in the petition has been recorded as dry land in the Town Survey Land Register. This is clear from the certificate placed on record by the petitioner himself. 3. The submission of learned counsel for the petitioner that the land constitutes a waterbody cannot be accepted without challenge to the entries recorded in the Town Survey Land Register. 4. Reliance placed on an order passed in the case of M.Thangavel v. The State of Tamil Nadu and others [Order dated 7.2.2025 in W.P.No.39872 of 2024] is misplaced on facts, because in that case the subject matter was held to be waterbody situated on a land comprised in T.S.Nos.48, 77/1, 129 in Ward F, Block 14 and in T.S.Nos.1, 3 and 27 in Ward F, Block 15, Tiruchengode ____________ p. 4 Town, Namakkal District. The land involved in the said petition and the present petition is different. 5. A feeble attempt was made by learned counsel for the petitioner to support his case with the help of a map. That map only depicts the pictorial representation, but the same cannot be said to be concrete evidence as against the entries made in the Town Survey Land Register. Therefore, this petition is without any basis and deserves to be dismissed and is, accordingly, dismissed. There shall be no order as to costs. Consequently, interim application stands closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 23.07.2025 Index : Yes/No Neutral Citation : Yes/No sasi ____________ p. 5 To: 1.The Principal Secretary to Government, State of Tamil Nadu Municipal Administration and Water Supply Department, Secretariat, Chennai-600 006. 2.The Managing Director Directorate of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, Raja Annamalaipuram, Chennai-600 028. 3.The District Collector Namakkal District, Namakkal-637 003. 4.The Commissioner, Tiruchengode Municipality, Tiruchengode-637 211, Namakkal District. 5.The Executive Engineer Water Development Department, Sarabanga Basin Division, Salem-636 007. ____________ p. 6 THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J. (sasi) WP No.22789 of 2025 23.07.2025 ____________