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Madras High CourtWP/8318/2020disposed of with direction

Bhagwan Keswani v. Government Of Tamil Nadu

2025-10-15Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.9976 of 2020 Bhagwan Keswani ... Petitioner Vs.

1 Government of Tamil Nadu Represented by its Secretary Department Of Industries Fort St.George Chennai 600 009.

2 The Managing Director SIDCO, Industrial Estate, Guindy, Chennai-32.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents from in any manner interfering with petitioner peaceful possession and enjoyment of the property or trespassing in to his property namely in S.No.9/2A2, measuring an extent of 2162 sq.ft (0.2.00 Ars) in S.No.9/2 as per patta S.No.9/2A2 in patta no.6918 situated at Neelangarai Village, Sholinganallur Taluk, Chengalpattu District (formerly Kanchipuram District) bounded on North by Road, South by Company, East by 1/5

Radian coating Company and West by Company.

For Petitioner : Mr.P.Solomon Francis For Respondents : Mrs.S.Anitha for R1 Special Government Pleader Mr.S.Karthikei Balan for R2

O R D E R

This writ petition has been filed seeking issuance of Writ of Mandamus forbearing the respondents from in any manner interfering with petitioner peaceful possession and enjoyment of the property or trespassing in to his property namely in S.No.9/2A2, measuring an extent of 2162 sq.ft (0.2.00 Ars) in S.No.9/2 as per patta S.No.9/2A2 in patta no.6918 situated at Neelangarai Village, Sholinganallur Taluk, Chengalpattu District (formerly Kanchipuram District) bounded on North by Road, South by Company, East by Radian coating Company and West by Company.

2.The learned counsel appearing for the petitioner submitted that the petitioner is the owner of the subject property, however, his possession is frequently interfered by the respondents and further submitted that without due process of law, the respondents have no right to interfere with the petitioner's property. 2/5

3.The learned counsel appearing for the second respondent submitted that the petitioner's property is in S.No.9/2A2 which is not located in the premises of Electrical and Electronic Industrial Estate, however, the petitioner has made encroachment in Electrical and Electronic Industrial Estate belonging to TANSIDCO Limited in S.No.7 and further submitted that the respondents are the owner of the property in S.No.7/1A1. If at all the petitioner have any grievance, the petitioner is entitled to survey the property in terms of the Tamil Nadu Survey and Boundaries Act, 1923 or approach the competent civil Court.

4.The relief sought for in the writ petition cannot be granted for the simple reason that the respondents itself agreed that they are not the owner of the property in S.No.9/2A2 and they are the owner of the property in S.No.7/1A1. If the petitioner is of the opinion that encroachment has been made in his property, the petitioner can very well resolve the same by making application before the Revenue Officials for measuring the property.

5.However, this Court in the interest of parties, directs the jurisdictional Tahsildar to measure the subject property in the 3/5

presence of the petitioner as well as the respondents and if the Tahsildar finds any encroachment either by the petitioner or by the respondents, the same shall be removed by the Tahsildar, within a period of six weeks from the date of receipt of a copy of this order. 6.The writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

15.10.2025 pri Note: Registry is directed to mark a copy of this order to 'The Thasildar, Guindy, Chennai - 600 032.'

Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1 Government of Tamil Nadu Represented by its Secretary Department Of Industries Fort St.George Chennai 600 009.

2 The Managing Director SIDCO, Industrial Estate, Guindy, Chennai-32.

3 The Thasildar, Guindy, 4/5

Chennai - 600 032.

M.DHANDAPANI,J.

pri And W.M.P.No.9976 of 2020 15.10.2025 5/5