M.Gopinath v. The Chief Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.08.2025 CORAM :
THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN WP No.29364 of 2025 M.Gopinath S/o.Masilamani, D.No.16/158, 1st Floor, Ennore High Road, Durgadevinagar, Tondiarpet, Chennai-600 081.
Petitioner Vs 1.The Chief Secretary to Government Government of Tamilnadu, Secretariat, Fort St. George, Chennai-600 009 2.The Commissioner of Land Administration (CLA) Land Administration Department, 2nd Floor, Ezilagam, 3.The Commissioner of Survey and Settlement O/o. Commissionerate of Survey and Settlement,
4.The Commissioner The Greater Chennai Corporation, Ripon Building, EVR Salai, Chennai 5.The District Collector No.62, Singaravelan Maligai, Rajaji Salai, Chennai-600 001 6.The Settlement Officer Survey and Settlement Department, 7.The Revenue Divisional Officer North Chennai Division, Gandhi Main Road, Mahalakshmi Nagar, Puzhal, Chennai-600 060
8. The Tahsildar Thiruvottiyur Taluk Chennai Corporation Building 1st Floor, Thiruvottiyur High Road Thiruvottiyur, Chennai - 600 019.
9.Revoor Padmanabha Chetty's Educational Trust Rep. by its Trustee, K.Venu Flat No.9, Jain Aashirwad Apartment, No.21, Ramasamy Street, T.Nagar, Chennai-600 017 Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct respondent Nos.1 to 8 to remove the illegal encroachment of public property measuring to an extent of 1.75 Acres situated in Old Survey No.224, T.S.No.76/1 to
8, Block No.27, Ward F, Thiruvottiyur, Chennai, made by respondent No.9 herein, thereby restoring the public property to its original position.
For Petitioner:
Mr.P.Vetrivel For Respondents:
Mr.A.Edwin Prabakar State Government Pleader Assisted by Mr.M.Habeeb Rahman Government Advocate for respondent Nos.1 to 3, 5 to 8 Mr.Arun Babu Standing Counsel for respondent No.4
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) This petition has been filed making allegation regarding encroachment by respondent No.9.
2. From the averments made in the petition, it appears that after representations were made by the petitioner alleging that respondent No.9 has encroached upon government land, certain proceedings have been drawn and the land has now been classified
as ryotwari land and, even according to the petitioner, patta has been granted in favour of respondent No.9.
3. No relief can be granted in the present petition unless a challenge is made to the orders and proceedings culminating in reclassification of the land from government land to ryotwari land, as also grant of patta. Therefore, this petition is dismissed, however, with liberty to the petitioner to challenge, if so advised, the reclassification of the land and grant of patta in favour of respondent No.9 before such forum as may be permissible under law. There shall be no order as to costs.
(MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 06.08.2025 Index :
Yes/No :
Yes/No sasi
To:
1.The Chief Secretary to Government Government of Tamilnadu, Secretariat, Fort St. George, Chennai-600 009 2.The Commissioner of Land Administration (CLA) Land Administration Department, 2nd Floor, Ezilagam, 3.The Commissioner of Survey and Settlement O/o. Commissionerate of Survey and Settlement, 4.The Commissioner The Greater Chennai Corporation, Ripon Building, EVR Salai, Chennai 5.The District Collector No.62, Singaravelan Maligai, Rajaji Salai, Chennai-600 001 6.The Settlement Officer Survey and Settlement Department, 7.The Revenue Divisional Officer North Chennai Division, Gandhi Main Road, Mahalakshmi Nagar, Puzhal, Chennai-600 060 8.The Tahsildar Thiruvottiyur Taluk Chennai Corporation Building 1st Floor, Thiruvottiyur High Road
Thiruvottiyur, Chennai - 600 019.
THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J.
(sasi) WP No.29364 of 2025 06.08.2025