W.P. No.25276 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.07.2025 CORAM : THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR W.P.No.25276 of 2025 K.Balasubramaniam S/o.M.Kandasamy, No.126/4 Royal Nagar, Seetharamapalayam Post, Thiruchengode-637 209, Namakkal District. Petitioner Vs 1.The State of Tamil Nadu Rep. by its Principal Secretary to Government, Home Department, The Secretariat, Fort St. George, Rajaji Salai, Chennai-600 009. 2.The Secretary Revenue and Disaster Management Department, Survey and Settlement Wing SS-1(1) Section, Secretariat, Chennai-600 009. ____________ https://www.mhc.tn.gov.in/judis W.P. No.25276 of 2025 3.The Commissioner Commissionerate of Land Administration, 2nd Floor, Ezhilagam, Chepauk, Chennai-600 005. 4.The Chairman, Tamil Nadu Water Resources Conservation and River Restoration Corporation, Palar Illam, No.6, Kamaraj Salai, Chepauk, Chennai-600 005. 5.The Engineer-in-Chief Water Resources Management, Chepauk, Chennai-600 005. 6.The District Collector District Collectorate, 1st Floor, Main Building, Thiruchengodu Road, Namakkal-637 003. 7.The District Revenue Officer Collectorate, Namakkal-637 003. 8.The Assistant Director of Survey and Land Records, Department of Survey District Collectorate, Namakkal-637 003. 9.The Revenue Divisional Officer Tiruchengode Division, Thiruchengode 637 211. ____________ https://www.mhc.tn.gov.in/judis W.P. No.25276 of 2025 10.The Municipal Commissioner Thiruchengode Municipality, No.1, Katcheri Street, Velur Main Road, Thiruchengode, Namakkal-637 211. 11.The Tahsildar Thiruchengodu Taluk, Velur Main Road, Thiruchengode, Namakkal-637 211. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents pertaining to (i)the action taken by the 6th respondent pursuant to the Letter No.3543/SS-1(1)/2024-1 dated 25.03.2024 issued by 2nd respondent and (ii) the action taken by the 11th respondent pursuant to Memo bearing O.Mu.954/2023/AA dated 06.04.2023 and urgent memo bearing Na.Ka/1631/2024/AA dated 28.04.2024 issued by the 9th respondent in respect of petitioner's representations dated 01.03.2023, 14.10.2023, 29.02.2024 pertaining to 'BOOSTHITHI ITTERI' water course which is interfered, disrupted and encroached by dereliction, grant of patta on the water body and/or annexing, usurping the water course and deletion of entry from government records pertaining to its very existence and natural flow in and through Survey No.90/1 Seetharamapalayam, Thiruchengode, Namakkal District and to submit report to this Court regarding steps taken by the respondents towards reclamation, restoration, protection, making appropriate entry in government records pertaining to the 'BOOSTHITHI ITTERI' water course in Survey No.90/1, Seetharamapalayam, Thiruchengode, Namakkkal District for further orders of this Court as may be deemed fit and proper in the matter. For Petitioner: Mr.S.P.Vijayaragavan ____________ https://www.mhc.tn.gov.in/judis W.P. No.25276 of 2025 For Respondents: Mr. A.Edwin Prabakar State Government Pleader assisted by Mr. Habeeb Rahman 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 direction to respondents to visit the site, enquire and submit reports to verify the allegation that incorrect entries have been made in the revenue records by effacing the entry 'ITTERI' in Survey No.90/1, whereas natural course of water, rains and normal over flows exist in Survey Nos.79, 81, 90/1, 91 and 92. 2. The public interest litigation has been filed seeking an enquiry into highly disputed questions which essentially depend upon spot inspection, survey, etc. As to whether the entries made or alleged replacement of entries made in the revenue records are correct or not can be best decided by the revenue authorities. We, therefore, are not inclined to keep this petition pending. The ____________ https://www.mhc.tn.gov.in/judis W.P. No.25276 of 2025 complaint made by the petitioner shall form basis for registering a complaint by the Tahsildar concerned and taking appropriate decision in the matter within a reasonable period. Petition is disposed of accordingly. There shall not be no order as to costs. (MANINDRA MOHAN SHRIVASTAVA, CJ) (MUMMINENI SUDHEER KUMAR ,J) 29.07.2025 Index : Yes/No Neutral Citation : Yes/No sasi To: 1.The Principal Secretary to Government, State of Tamil Nadu Home Department, The Secretariat, Fort St. George, Rajaji Salai, Chennai-600 009. 2.The Secretary Revenue and Disaster Management Department, Survey and Settlement Wing SS-1(1) Section, Secretariat, Chennai-600 009. ____________ https://www.mhc.tn.gov.in/judis W.P. No.25276 of 2025 3.The Commissioner Commissionerate of Land Administration, 2nd Floor, Ezhilagam, Chepauk, Chennai-600 005. 4.The Chairman, Tamil Nadu Water Resources Conservation and River Restoration Corporation, Palar Illam, No.6, Kamaraj Salai, Chepauk, Chennai-600 005. 5.The Engineer-in-Chief Water Resources Management, Chepauk, Chennai-600 005. 6.The District Collector District Collectorate, 1st Floor, Main Building, Thiruchengodu Road, Namakkal-637 003. 7.The District Revenue Officer Collectorate, Namakkal-637 003. 8.The Assistant Director of Survey and Land Records, Department of Survey District Collectorate, Namakkal-637 003. 9.The Revenue Divisional Officer Tiruchengode Division, Thiruchengode 637 211. ____________ https://www.mhc.tn.gov.in/judis W.P. No.25276 of 2025 10.The Municipal Commissioner Thiruchengode Municipality, No.1, Katcheri Street, Velur Main Road, Thiruchengode, Namakkal-637 211. 11.The Tahsildar Thiruchengodu Taluk, Velur Main Road, Thiruchengode, Namakkal-637 211. ____________ https://www.mhc.tn.gov.in/judis W.P. No.25276 of 2025 THE HON'BLE CHIEF JUSTICE AND MUMMINENI SUDHEER KUMAR ,J. (sasi) W.P.No.25276 of 2025 29.07.2025 ____________ https://www.mhc.tn.gov.in/judis