S.Aruldoss v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.10.2025 CORAM :

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR S.Aruldoss ..

Petitioner Vs.

1. The Secretary Urban & Housing Development Department Secretariat, St. George Fort Chennai.

2. The District Collector Chengalpattu District, Chengalpattu.

3. The Commissioner Nadhivaram Guduvancherry Guduvancherry Municipality, Guduvancherry.

4. The Commissioner of Police Tambaram Commissionerate Tambaram City Police, Tambaram.

5. The Superintendent Engineer Tamil Nadu Electricity Board Chengalpattu Electricity Distribution Division Chengalpattu District.

6. The Tahsildar Vandalur Taluk Office, Vandalur.

7. The Inspector of Police Guduvancherry Police Station, Guduvancherry.

8. Murugan ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India, seeking a writ of mandamus, directing the 1 to 7 respondents to take appropriate action on the illegal construction and irregularities made by the encroacher that 8th respondent based on the representation of the petitioner dated 03.05.2025. For the Petitioner :

Mr.D.Ashok Kumar For the Respondents :

Mr.S.Arumugam Government Advocate for R1 to R4, R6 & R7 Mr.L.Jai Venkatesh Standing Counsel for R5

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) The prayer sought herein is for a writ of Mandamus, directing respondents 1 to 7 to take appropriate action on the illegal construction and irregularities made by the encroacher, that is respondent 8, based on the representation of the petitioner dated 03.05.2025.

2. Heard Mr.D.Ashok Kumar, learned counsel for the petitioner and Mr.S.Arumugam, learned Government Advocate for respondents 1 to 4, 6 and 7 and Mr.L.Jai Venkatesh, learned Standing Counsel for respondent 5.

3. On behalf of the respondents, the learned Government Advocate has filed written instructions given by respondent 6, that is the Tahsildar, Vandalur, dated 07.10.2025, where, the Tahsildar has stated as follows:

4. Relying upon this written instructions, the learned Government Advocate would contend that, already, for many landless poor, pattas have been issued and hundreds of shops also have been located in the locality in S.No.495/1, which has already been classified as "Meikal Poromboke". There are encroachers and in order to remove such encroachers, four weeks' time is required. Within that time, action would be initiated by the sixth respondent/Tahsildar under the provisions of the Tamil Nadu Land Encroachment Act, 1905, against the encroachers, he contended.

5. In view of the said submissions made by the learned Government Advocate appearing for respondent 6 and recording the stand taken by respondent 6, who is the Authority concerned under provisions of the Tamil Nadu Land Encroachment Act, 1905, we dispose of this writ petition with the following orders:- (i) That there shall be a direction to respondent 6 to act upon as per the written instructions dated 07.10.2025, which has been recorded hereinabove, under the provisions of the Tamil Nadu Land Encroachment Act, 1905, including against the eighth respondent, if he is an encroacher, after giving notice to all such encroachers including the eighth respondent under the provisions of the Tamil Nadu Land Encroachment Act, 1905. The needful is to be undertaken 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. However, there shall be no order as to costs. (R.S.K., J.) (H.C., J.) 07.10.2025 Speaking Order/Non-Speaking Order Index:Yes/No Internet:Yes/No (drm) To:

1. The Secretary Urban & Housing Development Department Secretariat, St. George Fort, Chennai.

2. The District Collector Chengalpattu District, Chengalpattu.

3. The Commissioner Nadhivaram Guduvancherry Guduvancherry Municipality, Guduvancherry.

4. The Commissioner of Police Tambaram Commissionerate Tambaram City Police, Tambaram.

5. The Superintendent Engineer Tamil Nadu Electricity Board Chengalpattu Electricity Distribution Division Chengalpattu District.

6. The Tahsildar Vandalur Taluk Office, Vandalur.

7. The Inspector of Police Guduvancherry Police Station, Guduvancherry.

R. SURESH KUMAR, J.

AND HEMANT CHANDANGOUDAR, J.

(drm) 07.10.2025