A.Kathirvel v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR A.Kathirvel ... Petitioner Vs.
1.The District Collector, Collector Office, Chennai - 600 001.
2.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai.
3.The Regional Deputy Commissioner, Door No.36B, 2nd Cross Street, Pulla Avenue, Shenoy Nagar, Chennai - 600 030.
4.The District Revenue Officer, Zonal Officer/Z-9, No.1, Lake Area 4th Cross Street, 5.The Tahsildhar, Nungambakkam - Egmore Taluk, Chennai - 600 031.
Page Nos.1/6
6.The Superintending Engineer (Central), Zonal Officer/Z9, No.1, Lake Area, 4th Cross Street, 7.The Executive Engineer, Zonal Officer/Z9, No.1, Lake Area, 4th Cross Street, 8.Sumathi 9.Balaji 10.Ponni ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents to remove the unauthorised encroachment in Block No.19, Old T.S.No.53/1, New T.S.No.27, Railway Border Road, Puliyur Village, Chennai and to restore the same in accordance with TSLR sketch. For Petitioner :
Ms.Vedavalli Kumar For Respondents :
Mr.T.K.Saravanan, Additional Government Pleader for R1 and R5 Mr.D.B.R.Prabhu, Standing Counsel for R2 to R4, R6 and R7
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Subject matter of captioned main 'Writ Petition' [hereinafter 'WP' for the sake of brevity] is alleged encroachment in 'Block No.19, Old Page Nos.2/6
T.S.No.53/1, New T.S.No.27, Railway Border Road, Puliyur Village, Chennai' [hereinafter 'said land ' for the sake of convenience and clarity].
2.
Request for removal of aforereferred alleged encroachment by way of a representation dated 02.02.2024 has not yielded results and that has necessitated captioned WP, is the submission of learned counsel for writ petitioner.
3.
Issue notice to official respondents.
4.
Mr.T.K.Saravanan, learned Additional Government Pleader, accepts notice for R1 and R5 and Mr.D.B.R.Prabhu, learned standing counsel accepts notice for R2 to R4, R6 and R7. 5.
Learned State counsel, submits, on instructions, that a survey will be conducted, after putting all concerned on notice and in their presence, within eight weeks from today i.e., on or before 23.09.2025 and if encroachments are found, action will be commenced under Section 128 of 'The Tamil Nadu Urban Local Bodies Page Nos.3/6
Act, 1998 (Tamil Nadu Act 9 of 1999)' [hereinafter 'TNULB Act' for the sake of brevity].
6.
If there are encroachments, action against private respondent/s and/or any other other encroacher(s) necessarily means that they would be show caused. This Court makes it clear that all rights and contentions of private respondent/s and/or any other encroacher(s) are preserved if they are show caused and this order does not touch upon their rights. Therefore, we dispense with notice to private respondents/R8 to R10 and/or any other encroacher and take up the captioned WP in the Admission Board with the consent of all the aforementioned counsel before us.
7.
In the light of the narrative thus far, captioned WP is disposed of in the aforesaid manner, recording the stated position of learned State counsel that survey will be done within a period of eight weeks from today, i.e., on or before 23.09.2025, after putting all concerned on notice and in their presence and action, if any, under the TNULB Act, will be commenced as expeditiously as the business of official respondents would permit but in any event within a period of Page Nos.4/6
eight weeks therefrom i.e., on or before 18.11.2025. There shall be no order as to costs.
(M.S.,J.) (H.C.,J.) 29.07.2025 Index : Yes / No mmi To 1.The District Collector, Collector Office, Chennai - 600 001.
2.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai.
3.The Regional Deputy Commissioner, Door No.36B, 2nd Cross Street, Pulla Avenue, Shenoy Nagar, Chennai - 600 030. 4.The District Revenue Officer, Zonal Officer/Z-9, No.1, Lake Area 4th Cross Street, 5.The Tahsildhar, Nungambakkam - Egmore Taluk, Chennai - 600 031.
6.The Superintending Engineer (Central), Zonal Officer/Z9, No.1, Lake Area, 4th Cross Street, 7.The Executive Engineer, Zonal Officer/Z9, No.1, Lake Area, 4th Cross Street, Page Nos.5/6
M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mmi 29.07.2025 Page Nos.6/6