A.Lakshmanan v. Teh Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-06-2026
CORAM
THE HON'BLE DR JUSTICE G. JAYACHANDRAN AND THE HON'BLE MRS.JUSTICE N. MALA Writ Petition No. 19758 of 2026 and W.M.P.No. 21058 of 2026 A.Lakshmanan ..Petitioner Vs
1. The Tahsildar Kolathur Taluk office, Kolathur Chennai.
2. The Surveyor Kolathur Taluk office, Kolathur Chennai.
3. D.R.Sakrateesh
4. S.Nalini
5. D.R.Hari
6. D.R.Apollo
7. D.R.Ammu
8. D.R.Mageshwari
9. D.R.Thangadurai 10.D.R.Divya 11.Rajeshwari 12.Palaniyappan ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the concerned records relating to the order in Na.Ka. No.A5/96/2026 dated 05.02.2026 passed by the 1st respondent and quash the same and consequently direct the 1st
respondent to remove the encroachment made by the respondent 3 to 12 by consider in the petitioners representation dated 12.01.2026 within a time frame. For Petitioner:
Mr.M.Gnanasekar For Respondents:
Mr.K.Surendar, Government Advocate For R1 and R2
ORDER
(Order of the Court was made by Dr.G.Jayachandran J.) The petitioner herein submitted a representation on 12.01.2026 alleging that the water canal in Survey No.10 has been encroached. However, the Tahsildar of Kolathur, after conducting a spot inspection, communicated to the petitioner herein that the subject survey number belongs to private individuals and is classified as patta land.
2.
The allegations that water body has been encroached are incorrect. Being aggrieved by the same, the present writ petition is filed seeking a Writ of Certiorarified Mandamus to call for the records pertaining to the communication dated 05.02.2026, issued in response to the petitioner's representation dated 12.01.2026, to quash the same and consequently direct the 1st respondents to remove the encroachments made by the respondents 3 to 12. 3.
The learned Government Advocate appearing for the respondents submitted, on verification of the field inspection report and relevant revenue
records, that the land alleged to have been encroached upon is private patta land belonging to an individual and there is no waterbody or canal exists thereon. 4.
In view of the same, we are of the view that if the petitioner is aggrieved by any form of trespass or encroachment causing disturbance to his right of way or easementary rights, he has to seek the appropriate civil remedy. 5.
With this observation, this Writ Petition stands disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. (Dr.G.J.,J.) (N.M.,J.) 05-06-2026 Index: Yes/No Speaking/Non-speaking order rpl To
1. The Tahsildar Kolathur Taluk office, Kolathur Chennai.
2. The Surveyor Kolathur Taluk office, Kolathur Chennai.
DR.G.JAYACHANDRAN J.
and N.MALA J.
rpl Writ Petition No. 19758 of 2026 and W.M.P.No. 21058 of 2026 05-06-2026