K.V.Hari Prasad v. The Sercretary to Government

ORDER (Order of the Court was made by S.M.Subramaniam J.) Challenging the show cause notice issued under the provision of Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, enacted in 2007, the present writ petition came to be instituted.

¶2No writ against show cause notice is entertainable, unless such notice has been issued by an incompetent authority having no jurisdiction or tainted with the allegation of malafide. On receipt of notice, noticee is expected to submit his explanation along with the documents, if any, failing which the authorities are empowered to continue the proceedings and take final decision and remove the encroachment by following the procedure.

¶3In the present case, the writ petition has been instituted challenging the show cause notice.

¶4Learned counsel for the petitioner would submit that petitioner submitted an application and based on the said application, further orders are passed. However, those orders are not under challenge in this writ petition. That apart, encroachment is in water body as per show cause notice. That being so, this Court is not inclined to entertain the writ petition.

¶5Consequently, the writ petition is dismissed. No costs. The connected miscellaneous petitions, if any, are closed. (S.M.SUBRAMANIAM J.)(MOHAMMED SHAFFIQ J.) 07-11-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1.The Sercretary To Government Ministry Of Water Resource Department, Secretariate, Tamil Nadu.

2.The District Collector Chennai District Collector Office, No.62, 4th Floor, Singaravellar Malligai, Rajaji Salai, Chennai.

3.The Assistant Engineer Drinking Water Supply Project Phase-ii, Sub Divism-3, Thiruvallur.

4.The Assistant Engineer Drinking Water Supply, Main Road Chepauk, Chennai-600 005.

5.The Assistant Engineer Drinking Water Supply, Uthukottai.

6.The Tahsildar Sholinganallur Taluk, Tnhb, Sholinganallur, Chennai, Tamil Nadu-600 119. S.M.SUBRAMANIAM J. AND MOHAMMED SHAFFIQ J. gd

07-11-2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-11-2025 CORAM THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ 1. K.V.Hari Prasad Petitioner(s) Vs 1. The Secretary To Government Ministry Of Water Resource Department, Secretariate, Tamil Nadu. 2.The District Collector Chennai District Collector Office, No.62, 4th Floor, Singaravellar Malligai, Rajaji Salai, Chennai. 3.The Assistant Engineer Drinking Water Supply Project Phase- II, Sub Division-3, Thiruvallur. 4.The Assistant Engineer Water Resource Department, Krishna Drinking Water Supply, Main Road Chepauk, Chennai-600 005. 5.The Assistant Engineer Drinking Water Supply, Uthukottai. 6.The Tahsildar Sholinganallur Taluk, TNHB, Sholinganallur, Chennai, Tamil Nadu-600 119. Respondent(s) PRAYER Call for records of the proceedings dated 06.10.2025 on the file of the Assistant Engineer, Water Resources Department, Krishna Drinking Water Supply Project, Phase-II, Sub Division-3, Thiruvallur, 3rd respondent herein and quash the same and issue such further or other appropriate orders For Petitioner(s): Mr.M.B.Mushtaque Ahamed For Respondent: Mr.Selvendran Special Government Pleader for R1-6