G.Natarajan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE M. SUNDAR AND THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR 1.

G. Natarajan V. Jayasankar A. Lakshathipathy Petitioners vs.

1.

The District Collector Chennai District Chennai 600 001 The Assistant Executive Engineer (PWD) Water Resources Department Coovum Basin Sub Division Chepauk Chennai 600 005 The Tahsildar Amaindakarai Taluk Amaindakarai Chennai 600 029 The Commissioner Corporation of Chennai Ripon Building Chennai 600 003 5.

V.V. Pugazhendhi 6.

J. Purushothaman Respondents

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 4 to take immediate steps to demolish and remove the illegal encroachments and unauthorised and illegal buildings in general and in particular encroachment by the fifth respondent in Plot No.13, Officers' Colony I Street and encroachment by the sixth respondent in No.1, Sarangapani Street on the 20' Circar poramboke road abutting Coovum River comprised in T.S.No.62 [Old S.No.1 (part)] situated at Metha Nagar, Amaindakarai, Chennai 600 029 and encroachment of 10' in the Coovum River.

For petitioners :

Mr. A. Govindasamy For RR 1 to 3 :

Mr. M.S. Arasakumar Government Advocate For R4 :

Ms. K. Aswini Devi Standing Counsel

ORDER

(made by M. SUNDAR, J.) Subject matter of captioned main 'writ petition' [hereinafter 'WP' for the sake of brevity] is alleged encroachment in 'Plot No.13, Officers' Colony I Street by the fifth respondent and alleged encroachment by the sixth respondent in No.1, Sarangapani Street on the 20' Circar poramboke road abutting Coovum River comprised in T.S.No.62 [Old S.No.1 (part)] situated at Metha Nagar, Amaindakarai, Chennai 600 029 and encroachment of 10' in the Coovum River.' [hereinafter 'said properties' for the sake of convenience and clarity].

Request for removal of aforereferred alleged encroachments by way of a representation dated 02.06.2025 has not yielded results and that has necessitated captioned WP, is the submission of learned counsel for writ petitioners.

Issue notice to official respondents (respondents 1 to 4). Mr. M.S. Arasakumar, learned Government Advocate, accepts notice for respondents 1 to 3 and Ms. K.Aswini Devi, learned Standing Counsel, accepts notice for fourth respondent. 5.

Learned State counsel for respondents 1 to 3, submits, on instructions, that a survey of said properties will be conducted, after putting all concerned on notice and in their presence, within eight weeks from today i.e., on or before 16.10.2025 and if encroachments are found, action will be commenced under Section 128 of 'The Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999)' [hereinafter 'TNULB Act' for the sake of brevity] or under appropriate applicable statute within a period of eight weeks therefrom, i.e., on or before 11.12.2025.

6.

If there are encroachments, action against private respondents (respondents 5 and 6) 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 respondents (respondents 5 and 6) and/or any other alleged 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 (respondents 5 and 6) and/or any other alleged encroachers and take up the captioned WP in the Admission Board i.e., Motion List, 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 for respondents 1 to 3 that survey of said properties will be done within a period of eight weeks from today, i.e., on or before 16.10.2025, after putting all concerned on notice and in their presence and action, if any, under the TNULB Act or under appropriate applicable statute will be commenced as expeditiously as the business of official respondents would permit but in any event within a period of eight weeks therefrom i.e., on or before 11.12.2025. There shall be no order as to costs. (M.S., J.) (H.C., J.) 21.08.2025

cad To 1.

The District Collector Chennai District Chennai 600 001 The Assistant Executive Engineer (PWD) Water Resources Department Coovum Basin Sub Division Chepauk Chennai 600 005 The Tahsildar Amaindakarai Taluk Amaindakarai Chennai 600 029 The Commissioner Corporation of Chennai Ripon Building Chennai 600 003

M. SUNDAR, J.

and HEMANT CHANDANGOUDAR, J.

cad 21.08.2025