Dr. K. Balachandran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-08-2025

CORAM

THE HONOURABLE MRS.JUSTICE N. MALA WP No.

30660 of 2025 & WMP.No.34358/2025 Dr.K.Balachandran No.26/8, I Street, Secretariat Colony Kilpauk, Chennai 600 010.

Petitioner(s) Vs The District Collector Chennai District, Singaravelr Maligai, Rajaji Street, Chennai 600 001 AND 4 OTHERS Respondent(s) PRAYER Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus forbearing the respondents their men and people, agents, subordinates or any other person claiming through them from in any manner digging the petitioners property bearing Plot Nos 80, 81, 82, 83, 84, Subam Nagar, Theeyambakkam, chenani 600 060 measuring to an extent of 2496 sq.ft., 2400 sq.ft., 2379 sq.ft., and 2580 sq.ft, respectively in all totally

12270 sq.ft., comprised in old survey Nos 137/4 as per patta survey No 137/4D, Ariyalur Village, Thiruvotttiyur Taluk, Chennai District forming storm rain water canal or continuing the formation of rain water canal. For Petitioner(s):

Mr.S.Umpathy For Respondent(s):

Mr.V.Manoharan Agp For R1 and R2 Mr.G.T.Subramanian Standing counsel For R3 To R5

ORDER

(1)Mr.V.Manoharan, learned Additional Government Pleader accepts notice on behalf of the respondents 1 and 2. Mr.G.T.Subramanian, learned Standing counsel accepts notice on behalf of the respondents 3 to 5. With the consent of both the learned counsels, the main writ petition itself is taken up for final disposal at the admission stage.

(2)The writ petition is filed for a mandamus forbearing the respondents from in any manner, digging the petitioners property bearing Plot Nos 80, 81, 82, 83, 84, Subam Nagar, measuring to an extent of 2496 sq.ft., 2400 sq.ft., 2379 sq.ft., and 2580 sq.ft, respectively in all totally 12270 sq.ft., for forming storm rain water canal or continuing the formation of rain water canal.

(3)The petitioner states that the respondents 3 to 5 engaged a private contractor for construction of Storm Water Drain Canal. The petitioner further states that through the contractor, the work was commenced in front of the petitioner's and his neighbours' plots. The petitioner states that the petitioner and his neighbours, objected to the digging of the petitioner's plots and others' plots and despite the same, the respondents did not direct the contractor to stop the work. The petitioner further states that if the work is allowed to continue and the Storm Water Drain canal is constructed by encroaching into the petitioner's lands, the petitioner would be put to great hardship and inconvenience.

The petitioner states that she approached the authorities in person to stop the work and as no action was taken, the petitioner submitted a letter to the 4 th respondent on 22.07.2025 and sent a Lawyer's notice on 28.07.2025. The petitioner further states that as the respondents continued the construction of storm water drain canal, the petitioner was constrained to file the above writ petition for the aforesaid relief.

survey and as the canal was constructed in the land classified as ''Vaaikkal'', the objection of the petitioner deserved no merit. (5)Learned counsel for the petitioner, on the other hand, submitted that no such survey was conducted in the presence of the petitioner and that the petitioner had no knowledge of any such survey.

(6)Heard the learned counsels on either side and also perused the materials placed on record.

(7)The facts remain undisputed and therefore, in order to avoid prolixity, they are not traversed in detail. It is evident that a survey was conducted prior to the commencement of the construction of the storm water drain canal. However, such survey was conducted without notice to the petitioner and the interested persons. Hence, this Court is of the view that the respondents are required to conduct a fresh survey in the presence of the petitioner as well as interested persons before proceeding further with the construction of the storm water drain.

(8)In the facts and circumstances of the case, this Court directs the 2 nd respondent to conduct a survey strictly in accordance with the procedure

prescribed in the Surveys and Boundaries Act, 1923, within a period of two weeks from the date of receipt of a copy of this order. It is clarified that in the event the survey report establishes that the land in question is a 'Vaikkal' land and not the petitioner's property, the respondent shall be at liberty to proceed with the construction of the storm water canal without obstruction. However, if the survey report is otherwise, the respondent shall refrain from proceeding further.

(9)The writ petition is disposed of with the above directions. No costs Consequently, connected miscellaneous petition is closed. 22-08-2025 AP Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector Chennai District, Singaravelr Maligai, Rajaji Street, Chennai 600 001 2.The Tahsildhar Thiruvottiyur Tlauk Thiruvaottiyur Chennai 600 019 3.The Commissioner Greater Chennai Corprotion Chennai 600 003 4.The Zonal Officer Zone No 2 Greater Chennai Corprotion No 112, Opp To Manali High School, Dr Ambedkar Streeet, Manalai, Chenni 600 068 5.The Assistant Executive Engineer Ward No 17, Zone 2 Greater Chenani Corporation Manali, Chennai 600 068

N.MALA J.

AP 22-08-2025