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Madras High CourtWP/35918/2025dismissed

V.Yuvaraj v. The Commissioner

2025-10-22Honourable Mr Justice R. Suresh Kumar,Honourable Mr.Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-10-2025

CORAM

THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE S. SOUNTHAR W.P No. 35918 of 2025 V.Yuvaraj ..Petitioner Vs

1. The Commissioner Civil Supply And Consumer Protection Dept., Chepauk, Chennai-60 005.

2. The Assistant Commissioner Civil Supply And Consumer Protection Dept., Saidapet, Chennai-600 017.

3. The Commissioenr Of Land Administration, Land Administration Department, Chepauk, Chennai-600 005.

..Respondents Prayer : Writ Petition under Article 226 of the Constitution for a Writ of Mandamus directing the 1 and 2nd respondents herein to hand over the petitioners land of 411 of sq.ft. in Re-Survey No.18/12 (part) and 18/13 (part) and Town survey No.89/2 and 89/3 in village of Government Farm Guindy Taluk, Chennai District constructed and encroached by the 2nd respondent herein by disposing the petitioner's representation dated 29.03.2025.

For Petitioner :

Mr.Manoharan Sundaram For Respondents :

Mr.C.Selvaraj, Additional Government Pleader - For R1 And R2 Ms.M.Jayanthi, Additional Government Pleader - For R3 Order (Order of the Court was made by R.Suresh Kumar J.) The prayer sought for herein is for a Writ of Mandamus directing the 1 and 2nd respondents herein to hand over the petitioners land of 411 of sq.ft. in ReSurvey No.18/12 (part) and 18/13 (part) and Town survey No.89/2 and 89/3 in village of Government Farm Guindy Taluk, Chennai District constructed and encroached by the 2nd respondent herein by disposing the petitioner's representation dated 29.03.2025.

2. The above prayer is in the nature of recovery of possession of the land claimed to have been belonging to the petitioner. Whether the land in question belongs to the petitioner or the respondents is a matter to be gone into by establishing title before the Civil Court. Therefore, such a prayer for recovery of possession cannot be granted by way of mandamus.

3. In view of the same, this writ petition is dismissed with a liberty to the petitioner to approach the competent civil Court. No costs. (R.S.K.,J.) (S.S.,J.) 22-10-2025 Index: Yes/No Speaking/Non-speaking order KST To

1. The Commissioner Civil Supply And Consumer Protection Dept., Chepauk, Chennai-60 005.

2. The Assistant Commissioner Civil Supply And Consumer Protection Dept., Saidapet, Chennai-600 017.

3. The Commissioenr Of Land Administration, Land Administration Department, Chepauk, Chennai-600 005.

R.SURESH KUMAR J.

AND S.SOUNTHAR J.

KST 22-10-2025