P.V.K.Rajamahindran v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.07.2025
CORAM:
THE HONOURABLE MRs. JUSTICE N.MALA and WMP.No.13581 and 13585 of 2025 1.P.V.K.Rajamahendran 2.S.Padmanabhan .. petitioners vs
1. The Commissioner Greater Chennai Corporation Rippon Building, Chennai - 3.
2.The Assistant Enginerr Greater Chennai Corporation Office at Maduravoyal Municipal Office Maduravoyal, Chennai - 95.
3.Zonal Officer, Zone No.XI, Greater Chennai Corporation, Valasaravakkam, Chennai - 87.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to their men, agents, servants or any other persons interfering with the peaceful possession and enjoyment of the patta property comprised in S.No.18/1 and 18/2 1/6
measuring an extent of 0.36cents situated at Maduravoyal village, Chennai District, Greater Chennai Corporation limits. For Petitioner : Mr.S.Chandrasekaran For Respondents : Mrs.P.T.Ramadevi, standing counsel.
O R D E R
This writ petition is filed to direct the respondents, their men, agents, servants or any other persons not to interfere with the peaceful possession and enjoyment of the petitioner's patta property comprised in S.No.18/1 and 18/2, measuring an extent of 0.36cents, in Maduravoyal village, Chennai District, Greater Chennai Corporation limits.
2. The petitioner is in possession and enjoyment of the property in S.No.18/1 and 18/2, to an extent of 36 cents, at Maduravoyal Village, Greater Chennai Corporation limits. The petitioner apprehending that the respondents would encroach upon his property for the purpose of putting up drainage channel and park, sent a letter on 08.11.2012, to the Chief Minister's Cell and to the respondents herein. The said letter was forwarded to the respondents and the 3rd respondent replied by a communication dated 08.11.2012, and thereafter no action was taken and hence the petitioner filed the above writ petition.
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3. The respondents filed a counter affidavit stating that the respondents proposed to put up a compound wall on the bunds of the Coovam river in order to safe guard it from incessant encroachments. The respondents further stated that the compound wall on the bunds of the coovam river was proposed to be constructed in S.Nos.600, 601 and 602, Maduravoyal taluk, near the petitioner's land and that by such construction the petitioner's peaceful enjoyment of his lands would not be affected. The respondent further submitted that during the December 2015 floods, several families who encroached on the banks of Adyar River and Coovum River, lost their belongings in the floods and therefore, the Chennai River Restoration Trust (CRRT) took steps to remove the encroachments on the bund of the coovum river.
The respondents submitted that the encroacher's were also willing to resettle from the banks of Adyar River and Coovum River to the Tamil Nadu Urban Habitat Development Board tenements under various resettlement schemes. Accordingly, steps were taken to construct the compound wall in S.Nos.600, 601 and 602, Maduravoyal Taluk, adjacent to the petitioner's land to prevent encroachments. The respondents submitted that the petitioner on mere apprehension that his lands would be utilised for formation of park, filed the above writ petition.
4. Heard the learned counsel for the petitioner and the learned standing counsel for the respondents and perused the materials available on record.
5. It is seen from the records that the Government of Tamil Nadu established a Trust called Chennai River Restoration Trust (CRRT) to rejuvenate all the rivers and water bodies in order to ensure free flow of water and to avoid inundation of areas during monsoon and floods. The respondents due to incessant encroachment of the banks of the coovam and Adyar River decided to construct a compound wall.
6. Indisputably the construction of the compound wall on the bund of the Coovum River, is proposed in S.Nos.600, 601 and 602, of Maduravoyal Taluk and not in the petitioner's land in S.No.18/1 and 18/2, in Maduravoyal Taluk. In my considered view, the construction of compound wall on the bund of Coovum River, in the S.Nos.600, 601 and 602 of Maduravoyal Taluk, is in no way connected with the petitioner's survey numbers and since the construction of the compound wall in no way affects, the petitioner's peaceful possession and enjoyment of his property, I find no merits in the writ petition filed by the petitioner.
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7. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 11.07.2025 Speaking order / Non-speaking order Index : Yes / No : Yes / No tsh To
1. The Commissioner Greater Chennai Corporation Rippon Building, Chennai - 3.
2.The Assistant Enginerr Greater Chennai Corporation Office at Maduravoyal Municipal Office Maduravoyal, Chennai - 95.
3.Zonal Officer, Zone No.XI, Greater Chennai Corporation, Valasaravakkam, Chennai - 87.
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N. MALA , J.
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