M/S Venkatesh Coke And Power Limited v. Government Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-12-2025

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN and W.M.P.Nos.56780 & 56782 of 2025

1. M/S VENKATESH COKE AND POWER Limited Represented by its authorized Signatory Mr. Sethu Madhavan 6296 A/D-1 chandrawal Road New Delhi 110 007 Petitioner(s) Vs

1. Government Of India Ministry of Commerce and Industry, Department of commerce, SEZ Section, Represetned by Additional Secretary to the government, Vanijya Bhawan, new Delhi 110 011 2.The Secretary to Government Industries, Investment promotion and Commerce Department, Secretairat, chennai 600 009 3.The Special Secretary to government Public works Department, Secretairat, Chennai 600 009 4.The Secretary to Government Water Resources Department, Secretairat, Chennai 600 009 5.The District Collector first Floor, Collectorate, thiruvallur 602001 6.The District Revenue officer Master Plan complex, NH205, Thiruvallur 602001

7.The Revenue Divisional officer JN road, Thiruvallur 602 001 8.The Tahsildar Ponneri Taluk, Ponneri, thiruvallur District 9.The Chief Engineer Water Resources Department, Chennai Zone, Chepauk, Chennai 600 005 10.The Exective Engineer Araniyar Basin Division, Water Resource Department, Chennai 600 005 11.NDR Infrastructure Pvt. Ltd., Nandiambakkam Port Road, nandiambakakm, Ponneri taluk thiruvallur Distrct, Chennai 600 120 Respondent(s) PRAYER Call for the records pertaining to the Impugned order dated 26.07.2025 passed by the 5th Respondent in the case proceedings in Na.Ka. no 2090647 of 2024 and the No Objection letter dated 15.05.

2018 issued by the 9th Respondent along with the subsequent proceedings, and set aside the same with a consequential direction to the 2nd to 10th Respondents to not permit any construction of any structure or laying of road over the water channels, at Survey No 1/1 and 2/4 at Athipattu Village, and to remove the stones already erected in and around the said water channels, and restore the water channels to its original levels, enabling the Petitioner to maintain the natural contour of the said water channel without any disturbance.

For Petitioner(s):

M/s.Inthu Karunakaran For Respondent(s):

Mr.P.Gurunathan Additional Government Pleader

ORDER

By consent of both the counsels, this writ petition is taken up for final disposal.

2.I heard Ms.Inthu Karunakaran for the petitioner and Mr.P.Gurunathan, Additional Government Pleader for the respondents. 3.The petitioner is the owner of vast extent of lands situated in Athipattu Village, Ponneri Taluk, Thiruvallur District. The petitioner has obtained necessary approvals from the Union of India to establish a Special Economic Zone (SEZ) for its land. The Special Economic Zone is to cater to the needs of Free Trade Warehousing (FTWZ). In the holdings and abutting the holdings of the petitioner, water channels are situated. In particular, a channel is said to run through Survey No.1/1 and 2/4 of Athipattu Village. 4.The grievance of the petitioner is that the 6th respondent namely, the Revenue Divisional Officer, Thiruvallur, is constructing RCC Box with cut-andcover (Two Vent) culvert, over the aforesaid channel.

This petitioner submits the order permitting such constructions amounts to encroaching on water body and that the No Objection Certificate granted for this purpose requires to be quashed. The petitioner relies upon an earlier order passed by this Court in W.P.No.14127 of 2019, dated 08.05.2019.

Bench of this Court directed that it is the duty of the respondents 1 to 5 therein to see that no water channel is affected. The petitioner states despite this clear and specific direction, the respondents are proceeding to encroach upon the water channel.

5.When the matter was called, Mr.P.Gurunathan, Additional Government Pleader produced a copy of the proceedings of the Executive Engineer, WRD, Araniyar Basin Division, Chepauk, Chennai - 600 005, dated 21.11.2025. He states that the Revenue Divisional Officer is not constructing any RCC Box with cut and cover (Two Vent) culvert over the water channel and that the channel remains as it is. The instructions given to the Additional Government Pleader is scanned and extracted hereunder:-

6.A perusal of the instructions shows that the department itself has initiated cancellation proceedings of the No Objection Certificate, which is impugned in the present writ petition. They have also stated that there is no proposal to construct anything across the water channel or obstructing it in any form. The basis of the order passed by the 5th respondent is the 'No Objection Certificate' granted by the Public Works Department and since that very No Objection Certificate, as stated above is being cancelled, the foundation of the order passed by the District Collector also vanishes. Hence, suffice it to record the instructions dated 21.11.2025 and close the writ petition. 7.Accordingly, the aforesaid instructions are recorded and this Writ Petition is closed. Consequently, the connected miscellaneous petitions are closed. No costs.

29-12-2025 krk Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.Government Of India Ministry of Commerce and Industry, Department of commerce, SEZ Section, Represetned by Additional Secretary to the government, Vanijya Bhawan, new Delhi 110 011 2.The Secretary to Government Industries, Investment promotion and Commerce Department, Secretairat, chennai 600 009 3.The Special Secretary to government Public works Department, Secretairat, Chennai 600 009 4.The Secretary to Government Water Resources Department, Secretairat, Chennai 600 009 5.The District Collector first Floor, Collectorate, thiruvallur 602001 6.The District Revenue officer Master Plan complex, NH205, Thiruvallur 602001 7.The Revenue Divisional officer JN road, Thiruvallur 602 001 8.The Tahsildar Ponneri Taluk, Ponneri, thiruvallur District 9.The Chief Engineer Water Resources Department, Chennai Zone, Chepauk, Chennai 600 005 10.The Exective Engineer Araniyar Basin Division, Water Resource Department, Chennai 600 005 11.NDR Infrastructure Pvt. Ltd., Nandiambakkam Port Road, nandiambakakm, Ponneri taluk thiruvallur Distrct, Chennai 600 120

V.LAKSHMINARAYANAN J.

krk WP No. 50702 of 2025 and W.M.P.Nos.56780 & 56782 of 2025 29-12-2025