G.Samundeswari v. The District Collector
2026:MHC:1351
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-03-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU G.Samundeswari ..Petitioner Vs
1. The District Collector, Thiruvallur, Thiruvallur District 602 001.
2. The Regional Deputy Commissioner, Great Chennai Corporation, Central - Zone, Pulla Avneue, Shenoy Nagar, Chennai 600 030.
3. The Assistant Commissioner, Greater Chennai Corporation, Zone 7, Ambathru, Chennai 600 053.
4. The Executive Engineer, Greater Chennai Corporation, Zone 7, Ambathur, Chennai 600 053.
5. The Revenue Divisional Officer, Ambathur Taluk, Thiruvallur District, Ambathur Estate Road, Padikuppam, Chennai 600 101.
6. The Tasildhar - Ambathur, Ambathur Taluk, Thiruvallur Distrct, Chennai 600 053.
7. K. Ranga (alias) Ranganayaki
8. Kamalraj ..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Respondents 1 to 6 to remove the encroachment done by the 7th and 8th Respondents on the common pathway adjacent to survey no 282/3 measuring to an extent of 3660 Sq.ft ( as per sketch) out of entire lands of village Adangal Extract and FMB sketch for gramanatham belongs to Kannathal Temple situated at Village No. 18 Ambathur Village, Ambathur Taluk and Thiruvallur District running North to South with originally 6 Feet width and to recover encroached land by the 7th and 8th Respondents, which they are illegally occupied by creating forgery documents.
For Petitioner :
Mr.Najeeb Usman Khan For Respondents :
Mr.T.Arunkumar, Addl. Govt. Pleader for R1, R5 & R6 Mr.E.C.Ramesh, Standing Counsel for R2 to R4 Mr.L.K.Charles Alexander for R7 & R8
ORDER
(Order of the Court was made by S.M.Subramaniam J.) The Writ of Mandamus has been instituted to direct the Respondents 1 to 6 to remove the encroachment done by the 7th and 8th Respondents on the common pathway adjacent to survey No.282/3 measuring to an extent of 3660 Sq.ft. (as per sketch) out of entire lands of Village Adangal Extract and FMB sketch for gramanatham, belongs to Kannathal Temple situated at Village No. 18 Ambathur Village, Ambathur Taluk and Thiruvallur District running North to
South with originally 6 Feet width and to recover encroached land by the 7th and 8th Respondents, which they are illegally occupied by creating forged documents.
2. The Tahsildar, Ambathur Taluk has already addressed a letter to the Executive Engineer, Zone-7, Chennai Corporation regarding the survey conducted in respect of the subject property. As per the Tahsildar's letter, the subject property is classified as Sarkar Poramboke and Grama Natham. In the column Note it has been stated as "Thamarai Kulam" (lotus pond).
3. Therefore, it is stated that there was a water body in the said property and further the classification shows that it is Government Poramboke and Grama Natham. Even if it is a Grama Natham as per RSO-21, the Government has to regulate by following the procedures as contemplated under the Revenue Standing Orders. In the absence of any assignment under the Authority of law, no one can claim ownership in respect of the public property including Grama Natham, which is meant for construction of dwelling houses and for providing public service.
4. As of now, the Tahsildar has submitted a report to the Corporation and the Corporation Authorities have to verify the facts and thereafter proceed with in accordance with law and by following the procedures and by affording opportunity to the encroachers, if any, identified.
5. The learned counsel for the respondents 7 and 8 would submit that the claim of the writ petitioner is false and based on fraudulent documents.
6. The respondents 7 and 8 are at liberty to submit all documents to the competent Authority for consideration. All further enforcement actions are to be initiated by following the procedures and by affording opportunity to all the parties. The entire exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.
7. With the above directions, this Writ Petition is disposed of. No costs.
(S.M.S.,J.) (K.B.,J.) 30-03-2026 Index: Yes/No Speaking/Non-speaking order DSA
To
1. The District Collector, Thiruvallur, Thiruvallur District 602 001.
2. The Regional Deputy Commissioner, Great Chennai Corporation, Central - Zone, Pulla Avneue, Shenoy Nagar, Chennai 600 030.
3. The Assistant Commissioner, Greater Chennai Corporation, Zone 7, Ambathru, Chennai 600 053.
4. The Executive Engineer, Greater Chennai Corporation, Zone 7, Ambathur, Chennai 600 053.
5. The Revenue Divisional Officer, Ambathur Taluk, Thiruvallur District, Ambathur Estate Road, Padikuppam, Chennai 600 101.
6. The Tasildhar - Ambathur, Ambathur Taluk, Thiruvallur Distrct, Chennai 600 053.
S.M.SUBRAMANIAM, J.
AND K.KUMARESH BABU, J.
DSA 30-03-2026