R.Veera Kumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR R.Veera Kumar ... Petitioner Vs.
1.The District Collector, Chennai District, Rajaji Salai, Chennai - 600 001.
2.The Revenue Divisional Officer, Office of North Chennai, Gandhi Main Road, Puzhal, Chennai - 600 060.
3.The Tahsildar, Thiruvottiyur Taluk, Thiruvottiyur, Chennai - 600 019.
4.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.
5.The Zonal Officer, Zone 1, The Greater Chennai Corporation, Thiruvottiyur, Chennai - 600 019.
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6.The Chief Engineer, State Highways Department, Guindy, Chennai - 600 025.
7.Shasi Kumar ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 6 to initiate action and remove the encroachment from the Pattai Poramboke land comprised in Old Survey Nos.88/1 and 87/1 and New Town Survey No.17 measuring about 22 ares and 60 square meter situate at Ernavoor Village, Thiruvottiyur Taluk, Chennai District on the basis of petitioner's representation dated 28.07.2025. For Petitioner :
Mr.K.Senthil For Respondents :
Mr.M.S.Arasakumar, Government Advocate for R1 to R3 and R6 Mr.G.T.Subramanian, Standing Counsel for R4 and R5
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Subject matter of captioned 'Writ Petition' [hereinafter 'WP' for the sake of brevity] is alleged encroachment in 'land in Old Survey Nos.88/1 and 87/1 and New Town Survey No.17 measuring about 22 Page Nos.2/7
ares and 60 square meters situate at Ernavoor Village, Thiruvottiyur Taluk, Chennai District' [hereinafter 'said land' for the sake of convenience and clarity].
2.
Though said land has been classified as 'Pattai Poramboke', request for removal of aforereferred alleged encroachment (by R7) by way of a representation dated 28.07.2025 has not yielded results and that has necessitated captioned WP, is the submission of Mr.K.Senthil, learned counsel for writ petitioner.
3.
Issue notice to official respondents.
4.
Mr.M.S.Arasakumar, learned Government Advocate accepts notice for R1 to R3 and R6 and Mr.G.T.Subramanian, learned Standing Counsel for Greater Chennai Corporation (GCC) accepts notice for R4 and R5.
5.
Learned State counsel, submit, on instructions, that a survey will be conducted, after putting all concerned on notice and in their presence, within eight weeks from today i.e., on or before Page Nos.3/7
28.10.2025 and if encroachments are found, action will be commenced under 'The Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999)' [hereinafter 'TNULB Act' for the sake of brevity].
6.
If there are encroachments, action against R7 (private respondent) 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 respondent and/or any other 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 respondent (R7) and take up the captioned WP in the Admission Board, 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 that survey will be done within a period of eight weeks from today, i.e., on or before 28.10.2025, after putting all concerned on notice and in their presence and action, if any, under the Page Nos.4/7
TNULB Act, 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 23.12.2025. There shall be no order as to costs.
(M.S.,J.) (M.S.K,J.) 02.09.2025 Index : Yes / No mmi To 1.The District Collector, Chennai District, Rajaji Salai, Chennai - 600 001.
2.The Revenue Divisional Officer, Office of North Chennai, Gandhi Main Road, Puzhal, Chennai - 600 060.
3.The Tahsildar, Thiruvottiyur Taluk, Thiruvottiyur, Chennai - 600 019.
4.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.
5.The Zonal Officer, Zone 1, The Greater Chennai Corporation, Thiruvottiyur, Chennai - 600 019.
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6.The Chief Engineer, State Highways Department, Guindy, Chennai - 600 025.
M.SUNDAR, J., and MUMMINENI SUDHEER KUMAR, J., mmi 02.09.2025 Page Nos.6/7
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