(Prayer: Writ Petition filed under Article 226 of Constitution of India praying to issue a writ of mandamus directing the respondents 1 and 2 to consider the representation of the petitioner dated 02.07.2025 and to take necessary action on it in accordance with law.)

1. This Writ Petition has been filed seeking a direction to the respondents 1 and 2 to consider the representation of the petitioner dated 02.07.2025 and to take necessary action on it in accordance with law.

2. Heard Mr.Shah Jahan, learned Special Government Pleader for the respondents 1 to 3, Dr.T.Seenivasan, learned Special Government Pleader for the 4th respondent, Mr.Gopi for the 5th respondent, Mr.Ganesh for the 6th respondent and Mr.Ganesh Ram for the 7th respondent.

3. The petitioner states that he is an agriculturist residing in Peddhikuppam Village, Gummidipoondi Taluk, Tiruvallur District. He claims that the water for the purpose of agriculture to his land runs through a channel, which has been long existing and it runs through the adjacent agricultural lands also. He further claims that respondents 5 to 7 have created certain documents claiming title over the adjacent property. According to him, the intention of the respondents 5 to 7 is to convert prime agricultural lands into housing plots.

4. Aggrieved by the attempts of the respondents 5 to 7, staking a claim to a property to which they are not owners, the petitioner approached the Principal District Judge at Tiruvallur and presented a suit in O.S No.584/2024. The said suit has subsequently been transferred administratively and is pending before the IV Additional District Judge, Tiruvallur at Ponneri.

5. The petitioner further alleges that the respondents 5 to 7, damaged the existing water channels and deprived him from the use of water. Hence, he has also filed another suit in O.S No.110 of 2025, on the file of the Additional Subordinate Judge, Ponneri, seeking a relief of permanent injunction. In the said suit, by way of abundant caution, he has not only included the respondents 5 to 7, but also the State officials.

6. The cause of action for the present writ petition is that an attempt was made by respondent nos.5 to 7 to close the water channels, as well as dumping hazardous waste for formation of road over the agricultural lands. As this cannot be a subject matter of suit, he is before this court by way of the present petition.

7. When the matter came up for admission on 20.01.2026 after hearing Mr. Munuswamy and Mr. Shahjahan, I directed the Tasildar to inspect the properties situated in survey nos.122, 132, 133, 134 & 135 of Pedhikuppam Village, Gummidipoondi Taluk, Tiruvallur District and to submit a report whether there exists any water channel and as to whether the respondents 5 to 7 are attempting to close the said channel, in case, it exists.

8. When the matter was taken up on 02.02.2026, Mr. Shah Jahan has filed a report of the Tasildhar, Tiruvallur, which is scanned and extracted hereunder.

                  

                  

9. A perusal of the same shows that the Tasildhar, on inspection through his subordinates, has come to a conclusion that the lands are 'பஞ்சர்' lands and are not being cultivated for the present. He has further stated that there are no water channels running over the said property.

10. Mr. Munusamy vehemently contends that the survey has not been properly conducted and that it is impossible for the petitioner to indulge in agricultural activities in the adjacent property, without, there being a source of water.

11. The purpose of calling for the report from the Tasildhar was to ensure that the right of an agriculturist to water must not be stultified or damaged. The report states that there is no such water channel. Whether there exists a water channel or not, when asserted by the petitioner and denied by the others, becomes a disputed question of fact. Hence, the petitioner is relegated to work out his rights in the pending proceedings before the learned IV Additional District Judge, Tiruvallur and Learned Additional Subordinate Court, Ponneri.

12. Needless to add, the report that has been filed by the Tahsildhar is only for the purpose of this writ petition. Since the survey was done in the absence of the petitioner and the respondents 5 to 7, the same would not be binding on the parties. It is open to the petitioner or the respondents 5 to 7, to move an appropriate application before the learned Principal District Judge and the learned Subordinate Judge, and seek appointment of an Advocate Commissioner to survey the lands, with or without the aid of a surveyor and proceed further.

With the above liberty and observation as regards the report of the Tasildhar dated 23.01.2026, this writ petition stands dismissed. No costs.