W.P.No.33886 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.09.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR W.P.No.33886 of 2025 and W.M.P. Nos.38020 and 38022 of 2025 in W.P.No.33886 of 2025 P.J.Josephine ... Petitioner Vs. The Commissioner, Krishnagiri Municipality, Krishnagiri – 635 115. ... Respondent Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the proceedings dated 28.08.2025 in R.C.No.2751/2021/F1 issued by the respondent and quash the same and consequently direct the respondent to consider the petitioner's representation dated 18.08.2025 in accordance with the order dated 01.08.2025 passed by this Court in W.P.Nos.18101 and 28379 of 2025 and Contempt Petition No.685 of 2025. Page Nos.1/26 https://www.mhc.tn.gov.in/judis W.P.No.33886 of 2025 For Petitioner : Mr.V.Subramanian For Respondent : Mr.T.Balaji, Standing Counsel ORDER [Order of the Court was made by M.SUNDAR, J.,] RoE (Removal of Encroachment) proceedings under 'The Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (Tamil Nadu Act 8 of 2007)' [hereinafter 'Tanks Act' for the sake of brevity] is the subject matter of captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity). 2. Writ petitioner came to this Court earlier and a detailed order dated 01.08.2025 was made by a Division Bench to which one of us (M. Sundar, J) was a party. A scanned reproduction of this order is as follows: Page Nos.2/26 https://www.mhc.tn.gov.in/judis W.P.No.33886 of 2025 Page Nos.3/26 https://www.mhc.tn.gov.in/judis W.P.No.33886 of 2025 Page Nos.4/26 https://www.mhc.tn.gov.in/judis W.P.No.33886 of 2025 Page Nos.5/26 https://www.mhc.tn.gov.in/judis W.P.No.33886 of 2025 Page Nos.6/26 https://www.mhc.tn.gov.in/judis W.P.No.33886 of 2025 Page Nos.7/26 https://www.mhc.tn.gov.in/judis W.P.No.33886 of 2025 Page Nos.8/26 https://www.mhc.tn.gov.in/judis W.P.No.33886 of 2025 Page Nos.9/26 https://www.mhc.tn.gov.in/judis W.P.No.33886 of 2025 Page Nos.10/26 https://www.mhc.tn.gov.in/judis W.P.No.33886 of 2025 Page Nos.11/26 https://www.mhc.tn.gov.in/judis W.P.No.33886 of 2025 Page Nos.12/26 https://www.mhc.tn.gov.in/judis W.P.No.33886 of 2025 Page Nos.13/26 https://www.mhc.tn.gov.in/judis W.P.No.33886 of 2025 Page Nos.14/26 https://www.mhc.tn.gov.in/judis W.P.No.33886 of 2025 Page Nos.15/26 https://www.mhc.tn.gov.in/judis W.P.No.33886 of 2025 Page Nos.16/26 https://www.mhc.tn.gov.in/judis W.P.No.33886 of 2025 Page Nos.17/26 https://www.mhc.tn.gov.in/judis W.P.No.33886 of 2025 Page Nos.18/26 https://www.mhc.tn.gov.in/judis W.P.No.33886 of 2025 Page Nos.19/26 https://www.mhc.tn.gov.in/judis W.P.No.33886 of 2025 Page Nos.20/26 https://www.mhc.tn.gov.in/judis W.P.No.33886 of 2025 Page Nos.21/26 https://www.mhc.tn.gov.in/judis W.P.No.33886 of 2025 Page Nos.22/26 https://www.mhc.tn.gov.in/judis W.P.No.33886 of 2025 3. Mr. V.Subramanian, learned counsel on record for writ petitioner submits that Paragraph No.13 of the aforementioned order is the operative portion. There was delay in sending representation i.e., representation could not be sent on or before 15.08.2025 but respondent has made an 'order dated 28.08.2025 bearing reference R.C.No.2751/2021/F1' (hereinafter 'impugned order' for the sake of convenience and clarity) inter alia holding that writ petitioner is an encroacher. 4. Issue notice. 5. Mr.T.Balaji, learned Standing Counsel, accepts notice for sole respondent. Considering the nature of the matter, with the consent of learned counsel on both sides, captioned WP is taken up in the Admission Board. 6. Learned Standing Counsel adverting to impugned order, submits that representation of the writ petitioner though sent after 15.08.2025 was duly considered. On a perusal of the impugned order, we find this to be correct. Therefore, there can be no grievance for the writ petitioner on this point but on a careful perusal of the Page Nos.23/26 https://www.mhc.tn.gov.in/judis W.P.No.33886 of 2025 proceedings, we find that the problem presents itself in a different form and that is owing to paragraph No.13.4 of earlier order of this Court. We find that in the representation dated 18.08.2025, more particularly, paragraph No.3 thereat, writ petitioner has raised an issue regarding correlation of survey numbers and localising the water body qua T.S.No. 29 but admittedly, no joint survey has been made as set out in paragraph No.13.4. On this short point, we interfere with the impugned order but we make it clear that it is open to the respondent to now conduct a joint survey as per paragraph No.13.4 of our earlier order i.e., after putting all concerned on notice and permitting all concerned to be present during the survey and thereafter make orders afresh under proviso to Section 128(1)(b) of 'The Tamil Nadu Urban Local Bodies Act, 1998 (Act 9 of 1999)' [hereinafter 'TNULB Act' for the sake of brevity] setting out the details of joint survey with clarity. We make it clear that we have not expressed any view or opinion on the merits of the matter i.e., on alleged encroachment and denial of the same. 7. In the light of the narrative, discussion and dispositive reasoning thus far, impugned order of respondent is set aside (quashed) on the aforementioned short point but preserving rights and Page Nos.24/26 https://www.mhc.tn.gov.in/judis W.P.No.33886 of 2025 contentions of both sides and all concerned for joint survey and making of orders afresh in the manner set out supra. 8. Respondent will do well to complete the aforesaid exercise as expeditiously as the official business of respondent permits. 9. Captioned WP is allowed albeit with aforementioned preservation of rights and observations. Consequently, captioned Writ Miscellaneous Petitions (WMPs) have become otiose and the same are disposed of as closed as the same having become otiose. There shall be no order as to costs. (M.S.,J.) (M.S.K.,J.) 03.09.2025 Index : Yes / No Neutral Citation : Yes / No mmi To The Commissioner, Krishnagiri Municipality, Krishnagiri – 635 115. M.SUNDAR, J., and MUMMINENI SUDHEER KUMAR, J., Page Nos.25/26 https://www.mhc.tn.gov.in/judis W.P.No.33886 of 2025 mmi W.P.No.33886 of 2025 03.09.2025 Page Nos.26/26 https://www.mhc.tn.gov.in/judis