S.Jayaseeli v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2025 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN S.Jeyaseeli ..Petitioner Vs.

1. The Commissioner, Chennai Corporation, Ripon Building, Chennai - 600 003.

2. The District Collector, Chennai District, 4th Floor, Rajaji Road, Singaravelar Maligai, Chennai - 600 001.

3. The Chairman, Chennai Metropolitan Development Authority, Thalamuthu Nadarasan Building, Egmore, Chennai - 600 008.

4. The Tashildar, Little Mount, Saidapet, Chennai - 600 015.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to remove the 1/4

encroachment made by the 3rd respondent in petitioner's property situated at Survey Nos.317/1A, 2A1 to the extent of 7500 sq.ft. Velachery, Chennai - 600 042 based on the petitioner's representation dated 23.04.2024. For Petitioner : Mr.K.Arun Pradeesh For Respondents : Mr.M.Sureshkumar, Addl.Advocate General, assisted by Ms.P.T.Rama Devi, Standing Counsel for GCC for R1 Mr.T.Arunkumar, Addl.G.P. for R2 & R4 Mr.R.Sivakumar for M/s. Siva & Seger Associates, Standing Counsel for CMDA for R3

O R D E R

S.M.SUBRAMANIAM,J.

Writ Petition has been instituted to direct the respondents to remove the encroachment made by them.

2. The petitioner claims that the Chennai Metro Development Authority has encroached upon his patta property. If so, the petitioner has to approach the competent civil Court for the purpose of establishing the title/ownership in the manner known to law. Disputed fact relating to civil 2/4

right cannot be adjudicated by the writ Court under Article 226 of the Constitution of India. Such adjudication would fall beyond the realm of powers of judicial review. Granting liberty to the petitioner to approach the competent Civil Court of law, the present Writ Petition stands dismissed. No costs.

(S.M.S.,J.) (C.K.,J.) 18.12.2025 vsi Index:Yes/No Speaking/Non-speaking order To

1. The Commissioner, Chennai Corporation, Ripon Building, Chennai - 600 003.

2. The District Collector, Chennai District, 4th Floor, Rajaji Road, Singaravelar Maligai, Chennai - 600 001.

3. The Chairman, Chennai metropolitan Development Authority, Thalamuthu Nadarasan Building, Egmore, Chennai - 600 008.

4. The Tashildar, Little Mount,Saidapet, Chennai - 600 015.

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S.M.SUBRAMANIAM,J.

and C.KUMARAPPAN,J.

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