M/S. Singanallur Textool Layout Residents Welfare Association v. Tamil Nadu Urban Habitat Development Board
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.04.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI & W.M.P No.12826 of 2025
1. M/s.Singanallur Textool Layout Residents' Welfare Association Rep. by its President Mr.Rajendran Having Office at No.59, Textool Layout Singanallur, Coimbatore (South) Coimbatore - 641 005
2. Mr.Rajendiran S/o.Narayanaswamy ... Petitioners (P2 impleaded as per order dated 08.04.2025 in W.M.P.No.14188 of 2025 in W.P.No.11376 of 2025) vs.
1. Tamil Nadu Urban Habitat Development Board No.5, Kamarajar Road Ayothiya Nagar, Triplicane Chennai - 600 005
2. The District Collector Office of District Collector No.7/1, State Bank Road Page Nos.1/8
Gopalapuram, Coimbatore - 641 018
3. The District Revenue Officer Coimbatore District Collector Office Coimbatore
4. The Commissioner Corporation of Coimbatore Coimbatore
5. The Assistant Commissioner (East Zone) Corporation of Coimbatore Coimbatore
6. The Thasildhar (South) Coimbatore (South) Taluk Office Coimbatore ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct 1st to 6th respondents to evict the illegal encroachment on the Vari Porambokku situated in S.No.290/1A and 290/1B in Singanallur Village and T.S.L.R.No.78, Block 17, Ward: AJ (36) Singanallur, Coimbatore (S) in Coimbatore District based on the continuous of representation by the petitioner Association. For Petitioners :
Mr. T.C.Gopalakrishnan For Respondents :
Ms.K.Indumathy Venkatesh Standing counsel for R1 Mr.T.K.Saravanan Additional Government Pleader for R2, R3 and R6 Mr.N.Velmurugan Standing counsel for R4 and R5
O R D E R
Page Nos.2/8
[Order of the Court was made by M.SUNDAR, J.,] Subject matter of captioned writ petition is land comprised in two survey numbers i.e., S.Nos.290/1A and 290/1B, both situate in A.J.Singanallur Ward, Coimbatore Corporation South Part (town), Coimbatore Taluk, Coimbatore District. 'S.No.290/1A' shall be referred to as 'I parcel of land' and 'S.No.290/1B' shall be referred to as 'II Parcel of land', both for the sake of convenience and clarity.
2. Mr.T.C.Gopalakrishnan, learned counsel for writ petitioner adverting to the writ affidavit and more particularly paragraph 4 thereat submitted that as many as 23 representations have been sent (over a period of time) inter alia seeking removal of encroachment qua I and II parcels of land but there is inaction and that has necessitated the captioned main WP is learned counsel's further say.
3. Issue notice to respondents.
4. Ms.K.Indumathy Venkatesh, learned Standing counsel accepts notice for R1, Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for R2, R3 and R6 and Mr.N.Velmurugan, learned Standing Page Nos.3/8
counsel accepts notice for R4 and R5,
5. Learned State counsel submits, on instructions, that I parcel of land is classified as 'Vari' and II parcel of land is classified as 'Natham poramboke'. In this regard, learned counsel for writ petitioner adverting to the TSLR extract (to be noted, 'TSLR' denotes 'Town Survey Land Register') submits that II parcel of land has been classified as 'Sarkar Poramboke'. It is not necessary to delve into this disputation owing to the nature of the order which we propose to make. In other words, this question is left open owing to the nature of the order we propose to make.
5. As regards I parcel of land, learned State counsel submits that a survey by R6 will be conducted as expeditiously as the business of R6 permits but in any event within eight weeks from today i.e., on or before 04.06.2025. It is submitted that thereafter a survey report will be drawn and in the survey report thus drawn up, if encroachments are found, suitable action under appropriate/applicable Statute will be commenced within four weeks post 04.06.2025 i.e., on or before 02.07.2025. This submission is recorded and this puts to rest the legal drill as regards I parcel of land.
6. As regards the II parcel of land, learned State counsel submits that Page Nos.4/8
there is a proposal to issue patta to 50 odd occupants. In this regard, one of the 23 representations sent by the first writ petitioner raises an objection to issue patta and a scanned reproduction of the representation dated 28.06.2021 is as follows:
Page Nos.5/8
7. Leaving open the question as to the revenue classification of II parcel of land as alluded to supra, this Court deems it appropriate to write that the objection of the first writ petitioner shall be taken into account before taking a decision regarding grant of patta or in other words, the decision to grant or refuse patta qua II parcel of land will be after considering the writ petitioner's objection. This brings to halt the legal drill regarding the II parcel of land.
Captioned writ petition disposed of in the aforesaid manner. In the light of the order in the main WP, captioned WMP thereat is disposed of as closed. There shall be no order as to costs. (M.S.,J.) (K.G.T.,J.) 09.04.2025 Index: Yes/No Speaking order/Non-speaking order gpa Page Nos.6/8
To
1. Tamil Nadu Urban Habitat Development Board No.5, Kamarajar Road Ayothiya Nagar, Triplicane Chennai - 600 005
2. The District Collector Office of District Collector No.7/1, State Bank Road Gopalapuram, Coimbatore - 641 018
3. The District Revenue Officer Coimbatore District Collector Office Coimbatore
4. The Commissioner Corporation of Coimbatore Coimbatore
5. The Assistant Commissioner (East Zone) Corporation of Coimbatore Coimbatore
6. The Thasildhar (South) Coimbatore (South) Taluk Office Coimbatore Page Nos.7/8
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa 09.04.2025 Page Nos.8/8