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Madras High CourtWP/30444/2022disposed of

N.Vijayanarayanan v. The District Collector

2026-02-18Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-02-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN and WMP.No.29876 of 2022 N.Vijayanarayanan ..Petitioner(s) Vs

1. The District Collector, Singaravelar Maligai, 62 Rajaji Salai, Chennai - 600 001.

2. The Tahsildar, Taluk Office, No. 4 West Mada Street, Koyambedu, Aminjikarai (Near Karungaleswarar Temple) Chennai 600 107.

3. The Commissioner, Corporation of Chennai, Rippon Building, EVR Periyar Salai, Chennai 600 003.

4. The Assistant Director, District Land Survey Office, Singaravelar Maligai, 62, Rajaji Salai, Chennai - 600 001.

5. The Managing Director The Chennai Metro Water and Sewage Board, No. 1, Pumping Station Road, Chintadripet, Chennai - 600 002.

..Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of writ of certiorarified mandamus, calling for records of Impunged notice issued by the 3rd respondent dated 06.06.2016 having S. No. 25 and quash the same and consecutive grant directing in the nature of writ forbearing the respondents or their men or agents or person or persons in any manner from disturbing the peaceful possession and enjoyment of the petitioner from comprised in Grama Natham S. No. 236 / 4 of Villivakkam Revenue Village at No.18/20-B, New No.19, Thiru Nagar, Villivakkam, Chennai 600049.

For Petitioner(s):

Mr.K.Thirumalai For Respondent(s):

Mr.T.Arun Kumar Additional Government Pleader for R1, R2 & R4 Mr.E.C.Ramesh Standing Counsel for R3 Ms.Gnanaswathi for Mr.Jerry V.V.Sundar Standing Counsel for R5

ORDER

(Order of the Court was made by C.Kumarappan J.) This Writ Petition has been filed against the impugned notice dated 06.06.2016 issued by the 3rd respondent.

2. The only contention put forth by the learned counsel for the petitioner is that the notice was not issued under the relevant provisions of law. It is well settled principles of law that wrong quoting of provision is not fatal and apart from that it is not the case of the petitioner that the notice was issued by an incompetent authority. Therefore, we deem it appropriate to direct the petitioner to submit his reply to the above notice to the authority concerned within a period of two weeks from the date of receipt of a copy of this order and if the petitioner submit such reply, the respondent concerned is directed to consider the same and take all further action under the Tamil Nadu Urban Local Bodies Act to remove the encroachment, if any found, after giving due opportunity to all the parties.

3. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (C.K.,J.) 18-02-2026 Speaking/Non-speaking order KKN

To

1. The District Collector, Singaravelar Maligai, 62 Rajaji Salai, Chennai - 600 001.

2. The Tahsildar, Taluk Office, No. 4 West Mada Street, Koyambedu, Aminjikarai (Near Karungaleswarar Temple) Chennai 600 107.

3. The Commissioner, Corporation of Chennai, Rippon Building, EVR Periyar Salai, Chennai 600 003.

4. The Assistant Director, District Land Survey Office, Singaravelar Maligai, 62, Rajaji Salai, Chennai - 600 001.

5. The Managing Director The Chennai Metro Water and Sewage Board, No. 1, Pumping Station Road, Chintadripet, Chennai - 600 002.

S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN, J.

KKN 18-02-2026