P.Chockalingam, v. The Director Of Town And Country Planning
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.07.2025
CORAM:
THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR P. Chockalingam Petitioner vs.
1.
The Director of Town and Country Planning CMDA Office Complex E & C Market Road Srinivasa Nagar Virugambakkam Chennai - 600 107 The Chairman CMDA Thalamuthu Natarajan Maligai No.1, Gandhi Irwin Road Egmore Chennai - 600 008 The Chief Executive Officer CMDA Thalamuthu Natarajan Maligai No.1, Gandhi Irwin Road Egmore Chennai - 600 008 4.
The Commissioner Page Nos.1/6
5.
The Town Planning Officer 6.
The District Collector 7.
The District Revenue Officer Tambaram 8.
The Revenue Divisional Officer Tambaram Kadaperi Tambaram 600 045 9.
The Tahsildar Tambaram W4PG, P47 Trichy Highway Chitalapakkam 10.
The Village Administrative Officer Selaiyur Tambaram Taluk 11.
S. Samikannu 12.
Elumalai 13.
O. Padmini Page Nos.2/6
14.
J. Gayathri Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 10 to survey the lands in order to find out the extent of illegal encroachment committed by the respondents 11 to 14 and further direct to remove the illegal encroachment committed by the respondents 11 to 14 and to create way as per schedule given in petitioner sale deed dated 29.01.1999 vide document no.340/1999, on the western side of his house Old S.No.376/1C1A part New S.No.23/4 in Selaiyur Village Account, Tambaram Taluk, Chengalpattu District, in order to have access to Air Force Road situated on the northern side of the petitioner's property.
For petitioner Mr. A. Gouthaman
ORDER
[made by M.SUNDAR, J.] When the captioned 'writ petition' [hereinafter 'WP' for the sake of brevity] was taken up for hearing, Mr. A. Gouthaman, learned counsel on record for writ petitioner, sought leave of this Court to withdraw the captioned WP but made a plea to preserve all the rights and contentions of writ petitioner and/or any other similarly placed person(s) to approach the appropriate Civil Court with regard to the same subject matter. A scanned reproduction of the endorsement Page Nos.3/6
made by learned counsel for writ petitioner in this regard in the case file is as follows:
Request of learned counsel is acceded to.
In the light of the narrative thus far, captioned WP stands disposed of as withdrawn/closed, albeit with preservation of rights and contentions of writ petitioner, in the aforesaid manner. Though obvious, for the sake of abundant clarity, we make it clear that if appropriate Civil Court is approached by the writ petitioner and/or any other similarly placed person(s) on the same subject matter, the Civil Court concerned shall examine the matter on its own merits and in accordance with law, untrammeled by this withdrawal. There shall be no order as to costs.
(M.S., J.) (H.C., J.) 23.07.2025 cad Page Nos.4/6
To 1.
The Director of Town and Country Planning CMDA Office Complex E & C Market Road Srinivasa Nagar Virugambakkam Chennai - 600 107 The Chairman CMDA Thalamuthu Natarajan Maligai No.1, Gandhi Irwin Road Egmore Chennai - 600 008 The Chief Executive Officer CMDA Thalamuthu Natarajan Maligai No.1, Gandhi Irwin Road Egmore Chennai - 600 008 4.
The Commissioner 5.
The Town Planning Officer 6.
The District Collector Page Nos.5/6
M.SUNDAR, J.
and HEMANT CHANDANGOUDAR, J.
cad 7.
The District Revenue Officer Tambaram 8.
The Revenue Divisional Officer Tambaram Kadaperi Tambaram 600 045 9.
The Tahsildar Tambaram W4PG, P47 Trichy Highway Chitalapakkam 10.
The Village Administrative Officer Selaiyur Tambaram Taluk W.P.No.26002 of 2025 23.07.2025 Page Nos.6/6