The writ petition came up today before the First Bench and this Hon’ble Court directed the Respondent Government to file status report within 3 weeks pursuant to the notices issued by the authorities concerned

IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P. No. of 2025

David Manohar,
No. 6A, Odai Street,
Near Suguna Colony,
Chromepet
Tamil Nadu – 600 044 …Petitioner

Vs

1. District Disaster Management Authority
Represented by Chairperson,
District Collector, Chengalpattu
Grand Southern Trunk Rd,
Chengalpattu, Venbakkam,
Tamil Nadu 603111

2. Government of Tamil Nadu
Represented by Principal Secretary
The Secretariat, Fort St. George,
Chennai – 600 009

3. Water Resource Department – (PWD), Chennai
Represented by Principal Secretary,
Fort St. George, Chennai-600 009 …Respondents

AFFIDAVIT ON BEHALF OF THE PETITIONER

I, David Manohar, Son of S. D. Sundar, residing at No. 6A, Odai Street, Near Suguna Colony, Chromepet, Tamil Nadu – 600 044 do hereby solemnly affirm and sincerely state as follows:

1. I am the Petitioner herein and I am well acquainted with the facts and circumstances of the case. The Petitioner is an honest and civic minded person. He identifies himself as an RTI Activist, Nature Lover, Responsible Citizen, and is part of a Tamil Nadu based anti-corruption NGO. He has an abiding social interest in protecting the water bodies and public spaces in Chennai, and takes an active interest to see that public infrastructure and amenities serve the interests of the people. He has filed several cases in Public Interest to protect water bodies, using his own funds, which have been found to have merit by the Hon’ble Madras High Court, including W.P.No.9628 of 2018 to protect Moongil Eri. The Case was disposed in favour of the Petitioner. He has no personal interest in the present case and is been financed by his own funds.

2. I do not have any personal interest in filing this Writ Petition and I am filing it in Public Interest. I submit that I give an undertaking that I will pay the costs, if any, if it is found to be intended for personal gain or oblique motive. I have filed the Petition out of my own funds. I submit that to my knowledge, no public interest litigation arising on the same issue has been filed anywhere. I am not an income tax assessee. My Aadhar card No is 778004139073 and I hold Pan Card No: AEQPD5983H.

3. I state that the above Petition is filed seeking relief of WRIT OF MANDAMUS directing the Respondents to consider the representations dated 01.08.2025 submitted to all the Respondents within the time limit stipulated by this Hon’ble Court by removing the encroachments on the three canals at Chromepet and Pallavaram commencing from GST Road, thus facilitating rain water drainage and avoid flooding in the Pallavaram Taluk and pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render justice.

Brief facts of the case:

4. The Petitioner submits that, an article titled “Clogged and encroached canals can flood GST Road in Chromepet, this time too” was published in the Times of India (TOI hereafter) on 14.10.2024. The Petitioners opinion is also cited in the said article. The article mentions that encroachments on 3 canals that drain into Pallavaram Peri Eri make it difficult for the flood water to drain efficiently, thus increasing the danger of flooding. The 3 canals are: –
1) Canal from GST Road opposite Vetri Theatre passing under Chromepet railway track.
2) Canal beginning at Tambaram Taluk Government Hospital in Chrompet merging with Canal.
3) Canal starting near Ponds Company signal in Pallavaram.
It is pertinent to state that it is a National Highway and in case of heavy rain stagnation of water in GST Road for 3 to 4 feet and takes around 4 to 5 hours to drain due to the encroachment.

5. Considering that, flooding is a major risk and threat to the local communities leading to loss of life, damage, destruction of property and human suffering, the District Collector, Chengalpattu caused an inspection of the said canals by the Town Sub Inspector of Survey to inspect the canals and report on the encroachments there on. On the same day, the Tahsildar submitted a report to the District Collector regarding encroachment in ward D & E in Pallavaram Taluk, Zameen Pallavaram(II) Village, identifying 30 encroachments in total. The Inspection report is attached in the typeset of the documents.

6. The Petitioner herein filed an RTI Application on 14.10.2024, seeking information from the concerned government authorities to furnish the following documents regarding the encroachments: –
1) Copy of the report on encroachments and measurements of all 3 WRD inlet canals of Pallavaram lake sent to the Collector, Chengalpattu District on his orders, with reference to the TOI article Clogged & encroached canals can flood GST Road this time too dated 14.10.2024.
2) Copy of any sketches submitted along with the report.
3) Copy of any notices issued to the encroachers.

7. It is submitted that, soon after the inspection report, subsequently on 16.10.2024, the Village Administrative Officer, gave his statement identifying the specific encroachments, habitations & structures (30 structures), which has been issued with notices of eviction. By the letter no 377/2024/RDO dated 17.10.2024, the RDO informed the Collector that, since the inhabitants of the area encroached had protested against the pasting of the Notices therefore the notices under section 34(k) of Disaster Management Act 2005 have been dispatched to them by registered post. The aforementioned letter no 377/2024/RDO dated 17.10.2024, the RDO is enclosed in the typeset of documents. The evidences to the Village Administrative Officer statement are also filed in the typed set of papers. Document encompassing details of the encroached land is filed in the typeset of documents. The sketch maps of the canals highlighting the encroached area is enclosed in the typeset of documents.

8. It is submitted that under the Disaster Management Act under 2005, the Respondent has the power and duty to take all measures for disaster management in the district including, giving directions to different authorities to take measures for prevention of disasters. Under section 30(ix), the respondent is required to monitor the implementation of measures for Disaster Management. Under section 30(xxiii) it is the duty of the Respondent to examine the construction in any area in the district and, if it is of the opinion that the standards for the prevention of disaster or mitigation laid down for such construction is not being or has not been followed, may direct the concerned authority to take such action as may be necessary to secure compliance of such standards.

9. It is necessary to state that, as per the above cited letters of VAO & RDO, notices for eviction and demolition of encroachment have been issued under section 34(k) of the Disaster Management Act, 2005. It is submitted that, section 34(k) does not require issue of notice, but only demolition of structures which may be hazardous to the public and aggravate the effects of the disaster. However, till date no action for demolition has been taken despite the lapse of 7-day notice period. Demolition under Disaster Management act 2005, unlike Town and Planning Act, issue of notice is not required since, prompt and quick relief to carry out measures in mitigating disaster is needed. Section 34 has to be read purposively to the extent of removing structures for immediate relief. Issue of notice is not mandated under Disaster Management Act, 2005; but prompt action to mitigate disaster and in the present case flooding is mandated. Also, the District Management Authority is designed for the purpose to act and co-ordination with various departments for prompt action.

10. It is submitted that, encroachment on the canals has led to narrowing of the canal which help in carrying rain water and prevent flooding in Chromepet. The encroachment and dumping of garbage, lead to clogging of canals and water stagnation, leading to the flooding in the arterial GST Road. The clogging of canals also poses to the serious health concerns to the area.

11. It is necessary to state that, the Disaster Management Authority has been specifically constituted for effective management of disasters and to undertake prompt, quick, & effective measures. The Respondent in their Disaster Management Plan for the year 2024 – 2025 in para 3.3.2 FLOOD VULNERABILIT states that, “Chengalpattu district is also subjected to annual flooding, including flash floods, floods due to cloudbursts, monsoon floods of single and multiple events, cyclonic floods. Every year, number of people are affected, some succumbing to the floods, thousands are rendered temporarily homeless and several hectares of crops are damaged. Floods in the district are mainly caused during cyclones and heavy rains”. It also states in para 9.2.4 titled REMOVAL OF ENCROACHMENTS, that “The problems of flooding in several locations is due to the structural anthropogenic interventions which obliterate the existence width of the water ways, constrict the water ways and In some locations block the water ways. The structural interventions are due to the authorized construction of public buildings in the ester years as well as due to illegal encroachments by people of different strata. Removable of the encroachments and the relocation of the authorized structure plays a very important role in maintaining the integrity of the water ways and minimize the risks due to floods. The Government of Tamil Nadu will launch a special drive to remove the encroachments on a priority basis in all water bodies and water ways”. The said plan in para 3.3.2.3 – FIRKA WISE VULNERABLE AREAS IN CHENGALPATTU also rates Pallavaram Taluk as high to very high in terms of Level of flood Vulnerability. Disaster Management Plan for the year 2024 – 2025 is filed in the typed set of papers.

12. It is necessary to note that, soon after the inspection report submitted by the Tehsildar on 14.10.2024, the Chennai city was hit by Cyclone Fengal on 30.11.2024. Pallavaram Taluk, and in specific areas adjoining to the aforementioned canals were flooded. More so, the rainwater entered the premises of two state-run hospitals at Chromepet. In-spite of the inspection carried out and submission of the Tahsildar Report to the Chengalpattu Collector, no action was taken to evict the encroachers from the 3 canals in order to facilitate rain water drainage thus, preventing flooding. Also, it is appalling to know that that, several newspaper article state that, the local government officials have helped the inhabitants in encroaching the canal area.

13. The petitioner herein has already sent Representation dated 01.08.2025 to the Respondents, regarding the removal of encroachments on the canals in order to prepare well in advance and take action in time before the North West Monsoon sets in. However, no action is taken regarding the same by the Respondents.

14. It is submitted that clogging of canal due to waste disposal and encroachment by the inhabitants have posed severe danger to life, health, environment and property to people in Pallavaram Taluk especially residents living close to canals suffer due recurrent flooding. It also obstructs the natural rain water drainage flow into the lakes causing significant damage. Thus, the Respondents inaction to take measures in mitigation of the floods by removing the encroachment on canals is in violation of article 21 of the Constitution of India for damage to life, health & right to reside in clean environment.

15. It is submitted that the flooding situation also causes severe obstruction to carry out daily activities esp. during the North West Monsoon Season hence, restricting their freedom of movement and employment means. Thus, the Respondent’s inaction on the pressing issue is in violation of Article 19(1)(a) for restricting freedom of movement and article 19(1)(g) for obstructing to practise profession, or to carry on any occupation, trade or business. I had earlier submitted representation dated 21.06.2021 and there is no response. Subsequently I had submitted another representation dated 01.08.2025 seeking to remove the encroachments of water channels and water bodies. But no further action has been taken till date by the concerned authorities.

It is therefore prayed that this Hon’ble Court may be pleased to issue a Writ, Direction or Order in the nature of WRIT OF MANDAMUS directing the Respondents to consider the representations dated 01.08.2025 submitted to all the Respondents within the time limit stipulated by this Hon’ble Court by removing the encroachments on the three canals at Chromepet and Pallavaram commencing from GST Road, thus facilitating rain water drainage and avoid flooding in the Pallavaram Taluk and pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render justice.

Solemnly affirmed at Chennai, Before me
On this the 25th day of August, 2025,
and signed his name in my presence.
Advocate, Chennai

[03/09, 12:15] Sekarreporter: The Chromepet canals, crucial for rainwater drainage, are encroached by 30 houses , causing recurrent flooding on GST Road. Despite a detailed inspection report identifying 30 encroachments and notices issued under the Disaster Management Act 2005, till date encroachments are not removed. This inaction has led to severe flooding, especially during heavy rains and cyclones, posing significant threats to life, health, and property in Pallavaram Taluk, highlighting the urgent need for effective flood mitigation measures. The writ petition came up today before the First Bench and this Hon’ble Court directed the Respondent Government to file status report within 3 weeks pursuant to the notices issued by the authorities concerned. Y Kavitha for PVS Giridhar Associates [03/09, 12:15] Sekarreporter: WP 33438/25 https://www.sekarreporter.com/03-09-1215-sekarreporter-the-chromepet-canals-crucial-for-rainwater-drainage-are-encroached-by-30-houses-causing-recurrent-flooding-on-gst-road-despite-a-detailed-inspection-report-identifyi/