K.Chakrapani v. The Thasildhar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.03.2026 CORAM :
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE and W.M.P.No.9945 of 2026 1.K.Chakrapani 2.Sujatha ... Petitioners Vs.
1.The Thasildhar, Ariyalur Taluk, Ariyalur District.
2.The Commissioner, Ariyalur Municipality, Ariyalur - 621 704.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, forbearing the second respondent or any other persons claiming through him form entering upon and making any constructions in SF No.537/5-C of Ariyalur South, Ariyalur Town, Ariyalur District without fixing boundaries and measurements in terms of Patta No.3780 granted by the first respondent in favour of the petitioners. For Petitioners : Mr.S.Kamadevan For Respondents : Mr.N.Naveen Kumar Government Advocate [R1] Dr.T.Seenivasan Special Government Pleader [R2] ***** Page No.1 of 5
ORDER
This Writ Petition has been filed to forbear the 2nd respondent from putting up any construction in the petitioners' property morefully disclosed in the prayer to this writ petition (Patta No.3780).
2. Mr.N.Naveen Kumar, learned Government Advocate, accepts notice on behalf of the 1st respondent and Dr.T.Seenivasan, learned Special Government Pleader, accepts notice on behalf of the 2nd respondent.
3. The grievance of the petitioners is that the respondents are encroaching the petitioners' property for the purpose of construction of public toilet. At this stage, this Court cannot forbear the 2nd respondent from stopping the construction work as there is no clinching evidence produced by the petitioners to prove that the respondents have encroached upon the petitioners' property.
4. The learned Government Advocate appearing for the 1st respondent and the learned Special Government Pleader appearing for the 2nd respondent would submit that measurment of the respective properties belonging to the petitioners as well as the respondents is being conducted to ensure that there is no encroachment of the petitioners' property. They would also submit that Page No.2 of 5
within a period of three (3) weeks, conducting of measurements of the respective properties will be completed.
5. The learned counsel for the petitioners is satisfied if the survey and demarcation of boundaries is completed by the respondents within a period of three weeks and in case, after the same, it is found that the petitioners' property has been encroached, the petitioners may be granted liberty to initiate proper action against the respondents.
6. For the foregoing reasons, this Writ Petition is disposed of by directing the respondents to complete the survey and demarcation of boundaries of the property of the petitioners morefully disclosed in the prayer as well as the respondents, within a period of three (3) weeks from the date of receipt of a copy of this order. After completion of the survey and demarcation of boundaries, if the petitioners still find that there is an encroachment upon their property, they are granted liberty to initiate proper action against the respondents in respect of the said encroachment. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. Index : Yes / No (2/2) Speaking order / Non-speaking order Page No.3 of 5
ABDUL QUDDHOSE, J.
To 1.The Thasildhar, Ariyalur Taluk, Ariyalur District.
2.The Commissioner, Ariyalur Municipality, Ariyalur - 621 704.
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W.M.P.No.9944 of 2026 in ABDUL QUDDHOSE, J.
Ordered on payment of single court fee.
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