P.Kumaran v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-04-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER and WMP No. 4741 of 2023 P.Kumaran S/o. Mr.M.Parasuraman, No. 6/15, Bazaar Street, Pushpagiri Village, Santhavasai Post, Represented by his Power Agent, C.P.Asokan(61 years), S/o. C.R. Parthasarathy, No. 34, Taylors Road, Kilpauk, Chennai - 600 010.
..Petitioner(s) Vs
1. The Commissioner Corporation of Chennai, Ripon Building, Park Town, Chennai - 600 003.
2. The Zonal Officer, Corporation of Chennai, Zone No. 6, Strans Road, Chennai - 600 012.
3. The Chairman, Chennai Metro Water Supply and Sewerage Board, 1, Pumping Station Rd, Chintadripet, Chennai - 600002.
4. The Periyar Nagar Welfare Association (vide Regn.No.174/1980) rep. By its president C.Thankamony, Having Office at D-119, 18th Street, Periyar Nagar, Chennai - 600 082.
(R4-impleaded as per order of this Court dt.1.4.2026 in WMP.No.33690 of 2025 by SMSJ & KSJ) ..Respondent(s)
To direct the Respondents to remove the encroachment of Cesspool erected in the schedule property.
For Petitioner(s):
Mr.S.M.B.Mushtaque Ahamed For Respondent(s):
Mr. A.Arun Babu Standing Counsel for Greater Chennai Corporation/R1 & R2 Mr.Jerry V.V.Sunder Standing Counsel for CMWSSB for R3 Mr/M.Balasubramanian for R4 Order (Order of the Court was made by S.M.Subramaniam J.) Writ of Mandamus has been instituted to direct the respondents to remove the encroachment of Cesspool erected in the schedule property.
2. Learned Standing Counsel appearing for the Greater Chennai Corporation would submit that the authorities conducted field inspection and survey and found that the Cesspool is erected in the property belongs to the Chennai Corporation. Therefore, the writ petition is liable to be rejected.
3. Learned counsel for the petitioner would oppose by stating that the authorities have not considered the fact that the Cesspool has been constructed in his plot.
4. The petitioner, in the event of claiming any right over a portion of the
land, has to approach the competent civil court of law to establish his right. High Court, in exercise of power of judicial review, cannot decide the title dispute. That being the fact, the present writ petition is devoid of merits. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
(S.M.S.,J.) (K.S.,J.) 01-04-2026 Index: Yes/No Speaking/Non-speaking order VSI To
1. The Commissioner Corporation of Chennai, Ripon Building, Park Town, Chennai - 600 003.
2. The Zonal Officer, Corporation of Chennai, Zone No. 6, Strans Road, Chennai - 600 012.
3. The Chairman, Chennai Metro Water Supply and Sewerage Board, 1, Pumping Station Rd, Chintadripet, Chennai - 600002.
S.M.SUBRAMANIAM J.
AND K.SURENDER J.
VSI and WMP No. 4741 of 2023 01-04-2026