IN THE HIGH COURT OF JUDICATURE AT MADRAS
M/S VENKATESH COKE AND POWER Limited – Appellant
Versus
GOVERNMENT OF INDIA – Respondent
##PAGE1##
WP No. 50702 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-12-2025
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
WP No. 50702 of 2025
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
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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
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##PAGE3##WP No. 50702 of 2025
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-and-
cover (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. In the said writ petition, a Division
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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 encroac
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