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Madras High CourtWP/16699/2022disposed of

C.M.Sivababu v. The Director

2026-04-06Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice K. Surender5 pages

2026:MHC:1419

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-04-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER C.M.Sivababu ..Petitioner Vs

1. The Director, Municipal Administration, Santhome, Chennai 600028.

2. The District Collector, Vengikkal, Tiruvannamalai.

3. The Commissioner, Tiruvannamalai Municipality, Thirukovilur Road, Tiruvannamalai 606601.

4. M/s.Arunachala Animal Sanctuary and Rescue Shelter Chengam Road, Tiruvannamalai.

5. M/s.Thuimal Arunai, Santhaimedu, Tiruvannamalai.

..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd and 3rd respondent to remove the Encroachments in Santhai Medu, measuring an extent of 9 Acres and 66 cents comprised in T.S.No.1891, Sub-Division, No.1B, Block No. 35, Ward No.04 at Tiruvannamalai Town, Tiruvannamalai District in accordance with law

and maintain the same free from any encroachments in view of the petitioner's representation dated 02.03.2022.

For Petitioner :

Ms.Paarkavi TV for Mr.J.Ashok For Respondents :

Mr. R.Neethiperumal, Govt. Advocate for R1 Mr.T.Arunkumar, Addl. Govt. Pleader for R2 Mr.M.Gnanasekar for R4 R3 and R5 - No appearance Order (Order of the Court was made by S.M.Subramaniam J.) The Writ of Mandamus has been instituted to direct the respondents 2 and 3 to remove the encroachments in Santhai Medu, measuring an extent of 9 Acres and 66 cents comprised in T.S.No.1891, Sub-Division, No.1B, Block No. 35, Ward No.04 at Tiruvannamalai Town, Tiruvannamalai District in accordance with law and maintain the same free from any encroachments in view of the petitioner's representation dated 02.03.2022.

2. The learned Additional Government Pleader would submit that the Revenue Authorities conducted inspection and survey and identified encroachments in the Government Poramboke land. The 4th respondent claims to be a licensee to run animal shelter, but he has encroached upon the Government land without any assignment. Therefore, all enforcement actions will be initiated.

3. The learned counsel for the 4th respondent would submit that there is no encroachment.

4. If so, he is at liberty to submit his explanation/ documents, if any, to defend his case. Per contra, the Authorities found that the encroachments are identified. Therefore, they are bound to proceed with the enforcement actions and remove the encroachments by following the procedures as contemplated under the statute and Rules. The Municipality has to initiate all appropriate actions based on the report of the Revenue Authorities. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order

5. With the above directions, this Writ Petition stands disposed of. No costs.

(S.M.S.,J.) (K.S.,J.) 06-04-2026 Index: Yes/No Speaking/Non-speaking order DSA

To

1. The Director, Municipal Administration, Santhome, Chennai 600028.

2. The District Collector, Vengikkal, Tiruvannamalai.

3. The Commissioner, Tiruvannamalai Municipality, Thirukovilur Road, Tiruvannamalai 606601.

4. M/s.Arunachala Animal Sanctuary and Rescue Shelter Chengam Road, Tiruvannamalai.

5. M/s.Thuimal Arunai, Santhaimedu, Tiruvannamalai.

S.M.SUBRAMANIAM J.

AND K.SURENDER J.

DSA 06-04-2026