K.Abhaya Kumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-02-2026
CORAM
THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN and WMP.Nos.6493, 6502 & 39265 of 2025 K.Abhaya Kumar ..Petitioner(s) Vs.
1. The District Collector Kancheepuram, Kancheepuram District.
2. Tahsildar Kundrtur Taluk, Kundrahur, Chennai.
3. The Municipal Commissioner, Mangadu Municipality, No. 5 Vaikunda Perumal Street, Mangadu, Chennai 600 122.
4. The Municipal Administration And Water Supply Department, Mangadu, Kancheepurm District.
5. The Civil Supplies And Consume Protection Department, Mangadu, Kancheepuram District.
6. The Executive Officer Mangadu Town Panchayat, Mandgadu, Chennai.
7. The Village Administrative Officer, Mangadu "B" Village, Kancheepuram District. ..Respondent(s)
Prayer: This Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the 3rd respondent bearing resolution no. 753 dated 23.12.24 permitting the use of land in Survey No. 500 Mangadu 'B' village for setting up a ration Shop and quash the same.
For Petitioner(s):
Mr.R.Thiagarajan For Respondent(s):
Ms.C.Meera Arumugam Addl.Govt.Pleader - R1, R2, R4, R5 to R7 Mr.P.Srinivas - R3 & R6
ORDER
Heard Mr.R.Thiyagarajan, learned counsel appearing for the petitioner, Ms.C.Meera Arumugam, learned Additional Government Pleader appearing for R1, R2, R4, R5 and R7 and Mr.P.Srinivas, learned counsel appearing for respondent No.3 and R6.
2. The petitioner has moved this Court challenging the resolution passed by the Mangadu Municipality permitting the usage of S.No.500 of Mangadu 'B' Village for setting up a ration shop. Since the Town Panchayat of Mangadu is no longer in existence, the 6th respondent is deleted from the array of parties.
3. It is not in dispute that S.No.500 of Mangadu Village has been classified in the Government records as "cart track promboke". The petitioner states that though it has been classified as cart track, a proper road has been laid by the third respondent and the same has been in use by the petitioner and other residents of the area. In case, a ration shop is constructed on the said road, it would amount to encroachment and also cause obstruction to persons using the road. Taking into consideration, the plea of the petitioner, this Court entertained the writ petition and granted an order of stay.
4. The learned Additional Government Pleader moved an application to vacate the stay. One of the averments in the affidavit filed in support of the vacate stay petition is that the petitioner himself has encroached upon the cart track by putting up a compound wall and making certain constructions.
5. Taking into consideration , the plea taken by the state, I called upon the Tahsildar, Kundrathur Taluk, to survey the lands and submit a report to this Court. The Tahsildar has surveyed the area and submitted a report which is scanned and extracted hereunder for ready reference :-
6. A perusal of the report shows that the petitioner has encroached upon
6. A perusal of the report shows that the petitioner has encroached upon the land to an extent of 21 cents. Apart from this, other encroachments to an extent of 1.14 acres have been made all along the road. It is surprising that the first and second respondents have not lifted to little finger to ensure that the encroachments are removed and the road as a vandi pathai, is restored to its original position. Be that as it may, as on date, the petitioner has been found to be an encroacher.
7. When this aspect was pointed out, Mr.R.Thiyagarajan submitted that the petitioner had put up the compound wall only in order to protect the property from any encroachments. In any event, in the reasoning of the writ petitioner, to prevent encroachments,, the petitioner himself has turned out to be the encroacher.
8. Being a writ jurisdiction, a person who claims equity must come with clean hands. Hence, I called upon Mr.Thiyagarajan to remove the encroachments made by the writ petitioner over S.No.500 of Village V.Mangadu.
9. Mr.Thiyagarajan has filed an undertaking affidavit sworn to by the father of the writ petitioner. It is also stated that he has been authroised to file the said undertaking affidavit. The same is scanned and extracted hereunder :-
10. Mr.P.Srinivas appearing for the third respondent states that as of now there is no proposal to construct a ration shop in the aforesaid Survey number. In terms of Section 118 of the Tamil Nadu Urban Local Bodies Act, the road vests with the Municipality for the purpose of maintenance. The logic applied by the petitioner that to protect the road from other encroachments, cannot be adopted by the local body. Hence, S.No.500 of Mangadu 'B' Village will be maintained as it is, unless and until the Government issued proceedings closing the road and taking over the same for any other purpose.
11. The Writ Petition is disposed of with the following directions :- i) As per the undertaking, the petitioner shall remove the encroachment made by him to an extent of 21 cents within a period of two weeks and shift the compound wall into his holding.
ii) Once the compound wall is removed by the petitioner, the respondents shall maintain the road as it stands.
iii) It is left open to the wisdom of the District Collector to take appropriate action in accordance with law, as he or she desires to ensure that the other encroachments are removed. No costs. Consequently, connected miscellaneous petitions are closed. 27-02-2026 Index: Yes/No Speaking/Non-speaking order KKD To
1. The District Collector Kancheepuram, Kancheepuram District.
2. The Tahsildar Kundrtur Taluk, Kundrahur, Chennai.
3. The Municipal Commissioner, Mangadu Municipality, No. 5 Vaikunda Perumal Street, Mangadu, Chennai 600 122.
4. The Muncipal Administration And Water Supply Department, Mangadu, Kanchepurm District.
5. The Civil Supplies And Consume Protection Department, Mangadu, Kanchepuram District.
6. The Executive Officer, Mangadu Town Panchayat, Mandgadu, Chennai
V.LAKSHMINARAYANAN J.
KKD
7. The Village Administrative Officer Mangadu 'B' Village, Kancheepuram District.
27-02-2026