P.Mariyappan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.11.2025 CORAM :

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR M.Mariyappan ..

Petitioner Vs.

1. The District Collector Chengalpattu District Chengalpattu - 603 001.

2. The Commissioner/Special Officer Tambaram Municipal Corporation Tambaram.

3. The Tahsildar Pallavaram Taluk Office Chennai - 600 044.

4. Velmurugan

5. I.Shanmugam ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India, seeking a writ of mandamus, directing the respondents 1 to 3 to measure, demarcate and remove the encroachments in public street named Ganga street in Ward No.30, Tambaram Municipal Corporation considering petitioner's representation dated 26.12.2021, 24.08.2022, 25.01.2023 and proceedings dated 06.10.2022, 07.11.2022 within a time frame fixed by this Court.

For the Petitioner :

Ms.M.Sarada Devi for MR.R.Prabakar For the Respondents :

Ms.M.Jayanthy Additional Government Pleader for R1 and R3 Mr.P.Srinivas Standing Counsel for R2

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) Prayer sought herein is for a writ of mandamus, to direct the respondents 1 to 3 to measure, demarcate and remove the encroachments made in public street, namely, Ganga Street in Ward No.30, Tambaram Municipal Corporation, considering the petitioner's representations dated 26.12.2021, 24.08.2022, 25.01.2023 and proceedings dated 06.10.2022, 07.11.2022 within a time frame to be fixed by this Court.

2. In order to remove the alleged encroachment at Ward No.30, Ganga Street, Tambaram Municipal Corporation, the petitioner had given representations on various dates as stated in the prayer. Some of the representations have been forwarded by the District Collector, that is the first respondent, to the third respondent/Tahsildar, Pallavaram Taluk Office to take action.

Despite these efforts having been taken by the petitioner, since no action has come from the Revenue Authorities, especially, the third respondent as well as the second respondent, the petitioner has moved the present writ petition with the aforesaid prayer.

3. Heard Ms.M.Sarada Devi, learned counsel appearing for the petitioner, Ms.M.Jayanthy, learned Additional Government Pleader appearing for respondents 1 and 3 and Mr.P.Srinivas, learned Standing Counsel appearing for respondent 2. In view of the order that is going to be passed in this writ petition, notice to respondents 5 and 6 is hereby dispensed with.

4. The learned Additional Government Pleader appearing for respondents 1 and 3 would submit that, the various representations given by the petitioner since have been under consideration of the Revenue Authorities, namely the third respondent, certainly, the third respondent would survey the land in question and find out encroachments, if any, by the private respondents or any other third parties and thereafter, action would be initiated to remove such encroachments in accordance with law.

5. Having regard to the aforesaid facts and circumstances, especially the stand taken by the learned Additional Government Pleader appearing for the Revenue Authorities, this Court is inclined to dispose of this writ petition with the following orders:- (i) That there shall be a direction to the official respondents, especially respondents 2 and 3, to decide the representations given by the petitioner on various dates and to find out such encroachments, if any, on the land in question, which is a public road as claimed by the petitioner, either by respondents 4 or 5 or by any other third parties, of course, after conducting survey to that effect and after giving notice to the petitioner as well as the private respondents or any third parties who are also in encroachment of the public road and thereafter, action would be initiated in accordance with law within a period of two months from the date of receipt of a copy of this order.

6. With these directions, the writ petition stands disposed of. There shall be no order as to costs.

(R.S.K., J.) (H.C., J.) 12.11.2025 Speaking Order/Non-Speaking Order Internet:Yes/No Index:Yes/No (drm) To:

1. The District Collector Chengalpattu District Chengalpattu - 603 001.

2. The Commissioner/Special Officer Tambaram Municipal Corporation Tambaram.

3. The Tahsildar Pallavaram Taluk Office Chennai - 600 044.

R. SURESH KUMAR, J.

AND HEMANT CHANDANGOUDAR, J.

(drm) 12.11.2025