M/S.Aruna Constructions (India) Ltd., v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-03-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER and W.M.P.Nos.10948 and 10950 of 2024 M/s.Aruna Constructions (india) Ltd., Rep. Its Director, M.P.Purushothaman, No.693, Anna Salai, Chennai-600 006. Pesently At Empee Towers 56, Harris Road, Pudupet, Chennai-600 002.

..Petitioner(s) Vs

1. The District Collector Chengleput District, Chengleput.

2. The Tasildhar Pallavaram, Chengleput District.

3. The Revenue Inspector Pallavaram, Chengleput District.

..Respondent(s)

PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Prohibition prohibiting the respondents from proceeding further under the Tamil Nadu Land Encroachment Act 1905. For Petitioner(s):

Mr. A. Vimal Mohan For Respondent(s):

Mr. R. Ramanlal Additional Advocate General Assisted by Mr. T. Arun Kumar Additional Government Pleader for R1 and R3

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ of Prohibition has been instituted seeking to prohibit the respondents from proceeding further under the Tamil Nadu Land Encroachment Act, 1905.

2. The relief sought in the present Writ Petition is misconceived. A Writ of Prohibition to restrain the authorities from exercising their lawful powers conferred under the Act cannot be granted in exercise of the powers of judicial review.

3. The learned Additional Advocate General, based on the written instructions given by the Tahsildar, Pallavaram, submitted that the subject property was encroached upon, and consequently, enforcement actions were initiated. A notice under Section 7 was duly issued and after affording sufficient opportunities, final orders under Section 6 were passed, following which the encroachers were evicted. Subsequent to the eviction, 2.1 acres of land in the subject land were spared for the construction of a Government Arts and Science College, which was handed to the Government Arts and Science College, Alandur, on 05.11.2025.

4. It is further submitted that the District Collector, Chengalpattu, in his proceedings dated 01.04.2024 had sanctioned 'enter upon permission' to hand over the remaining land to Chennai Metro Rail Limited (CMRL) for the proposed Phase - II Expansion (Meenambakkam to Kilambakkam) Scheme. The subject land was handed over to the CMRL by the Revenue Authorities on 02.04.2024.

5. Since the encroachments have been removed and the Government Lands have been allotted for a public purpose project, the petitioner is not entitled to the relief. Furthermore, the petitioner has failed to establish even a semblance of legal rights. Hence, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are also closed.

(S.M.S.,J.) (K.S.,J.) 26-03-2026 Index : Yes Asi To

1. The District Collector Chengalpattu District, Chengalpattu.

2. The Tasildhar Pallavaram, Chengalpattu District.

3. The Revenue Inspector Pallavaram, Chengalpattu District.

S.M.SUBRAMANIAM, J.

AND K.SURENDER, J.

Asi and W.M.P.Nos.10948 and 10950 of 2024 26-03-2026