Madras High CourtWP/8698/2023disposed of

B.Babu v. The Chennai Metropolitan Development Authority

2025-07-10Honourable Mr Justice M. Sundar,Honourable Mr.Justice Hemant Chandangoudar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE M. SUNDAR AND THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR W.P.No.8698 of 2023 and W.M.P. No.8881 of 2023 B. Babu Petitioner vs.

The Chennai Metropolitan Development Authority Thalamuthu Maligai Egmore Chennai The Commissioner Tambaram Municipality Chennai The Executive Officer Tambaram Municipality Tambaram Chennai Nisha Beevi Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to consider the petitioner's representation dated 03.03.2023 and consequently, direct the respondents 1 to 3 to remove the unauthorised construction made by the fourth respondent in Plot No.1, B-Ward, Block No.58, New Survey No.19/24, Old Survey No.63/44, Door No.41/42, Thiruvengadamudiyan Street, Jameen Pallavaram.

For petitioner Mr. T. Nixon for Mr. S.N. Subramani For R1 Mr. R. Sivakumar Standing Counsel For RR 2 & 3 Mr. P. Srinivas Standing Counsel

ORDER

(made by M. SUNDAR, J.) This order will now dispose of the captioned 'writ petition' ['WP' for the sake of brevity].

Mr. T. Nixon, learned counsel representing Mr. S.N. Subramani, learned counsel on record for writ petitioner, Mr. R. Sivakumar, learned Standing Counsel for R1 and Mr. P. Srinivas, learned Standing Counsel for RR 2 and 3, are before us.

Adverting to a representation dated 03.03.2023 from the writ petitioner, learned counsel for writ petitioner submitted that there is alleged encroachment in 'Plot No.1, B-Ward, Block No.58, New Survey No.19/24, Old Survey No.63/44, Door No.41/42, Thiruvengadamudiyan Street, Jameen Pallavaram' [hereinafter 'said land' for the sake of convenience and clarity] by R4. To be noted, R4 is a private respondent.

Considering the facts and circumstances of the case in juxtaposition with G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022 [hereinafter 'said GO' for the sake of convenience] which puts in place a removal of encroachment procedure inter alia giving opportunity to alleged encroacher, we are of the view that the captioned WP can be finally disposed of. 5.

In the light of what has been alluded to supra and considering the limited scope of the captioned WP, with the consent of both sides, captioned WP was taken up.

It was submitted by learned Standing Counsel that said GO has been put in place, wherein and whereby Divisional Monitoring Committee, District Monitoring Committee and State Steering Committee have been constituted inter alia for a single point reporting / monitoring system qua Government lands.

In the light of the narrative thus far, we deem it appropriate to refer the matter to the Divisional Monitoring Committee headed by the Revenue Divisional Officer, Tambaram, Chennai qua said GO.

This Court directs the jurisdictional Divisional Monitoring Committee to examine if there is encroachment qua said land. 9.

The Divisional Monitoring Committee qua said GO shall (if it comes to the conclusion that there is encroachment), report the encroachment to appropriate authorities concerned for further action (for removal of encroachment). To be noted, all the rights and contentions of alleged encroacher are preserved for being raised before the Committee concerned which shall consider the same on their own merits and in accordance with law untrammelled by this proceedings in this Court. The entire exercise shall be completed within a period of 14 weeks from today i.e., by 16.10.2025.

10.

It is open to the writ petitioner and or anyone concerned with this matter to come to this Court on the same issue even with a similar / same prayer if there is any change of circumstances. 11.

We make it clear that we have not expressed any view or opinion as to whether there is encroachment or not qua said land as it turns on facts and it is for the Divisional Monitoring Committee to take a call on this aspect of the matter. We also make it clear that this exercise will not apply to patta

land and it will apply only to public land, if there is any encroachment in public land.

12.

Captioned WP is disposed of with the aforementioned observations and directives in the aforesaid manner. Consequently, captioned writ miscellaneous petition thereat stands closed. There shall be no order as to costs.

(M.S., J.) (H.C., J.) 10.07.2025 cad Index: Yes/No NC : Yes/No

M. SUNDAR, J.

and HEMANT CHANDANGOUDAR, J.

cad To 1.