P.Kubendiran v. The Commissioner

2026:MHC:1363

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER P.Kubendiran ..Petitioner Vs

1. The Commissioner, Thiruverkadu Municipality, Thiruverkadu, Chennai 600077.

2. The Planning Inspector (Town Planning), Thiruverkadu Municipality, Thiruverkadu, Chennai 600077.

3. The Health Inspector, Thiruverkadu Municipality, Thiruverkadu, Chennai 600077.

4. S.Sivanraj

5. A.J.Victor

6. The Tamil Nadu Local Bodies Ombudsman, 100 Annasalai, Guindy, Chennai 600032.

7. The District Collector, Thiruvallur District, Thiruvallur 602 001.

8. The Revenue Divisional Officer, Thiruvallur District, Thiruvallur 602 001.

9. The Tahsildar, Poonamallee Taluk, Poonamallee 600056, Thiruvallur District.

..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1 to 3 to remove the illegal old vehicles dismantling workshop / godown run by the respondents 4 and 5 at No.17/9A, Bharathiyar Street, Kizh Ayanambakkam, Chennai 600095 and the respondents 7 to 9 to initiate eviction process against the respondents 4 and 5 and re-possess and safeguard the Government Poromboke land in S.No.292/4 Ayanambakkam Village, Poonamalle Taluk, Thiruvallur District, within the time that may be fixed by this Court. For Petitioner :

Mr.P.Mani For Respondents :

Mr. P. Srinivas, Standing Counsel for R1 to R3 Mr.T.Arunkumar, Addl. Govt. Pleader for R6 to R9 R4 - No appearance R5 - Not ready in notice.

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The learned counsel for the petitioner would submit that the workshop has already been removed by the Municipal Authorities.

2. In respect of removal of encroachment, the learned Additional Government Pleader would submit that the aggrieved encroachers preferred a

statutory appeal before the District Collector under Section 10 of the Tamil Nadu Land Encroachment Act, 1905.

3. The Authorities are directed to ensure that the encroachments are removed subject to the final order to be passed in the statutory appeal, which is now pending before the District Collector.

4. With the above direction, this Writ Petition stands disposed of. No costs.

(S.M.S.,J.) (K.S.,J.) 01-04-2026 Index: Yes/No Speaking/Non-speaking order DSA

To

1. The Commissioner, Thiruverkadu Municipality, Thiruverkadu, Chennai 600077.

2. The Planning Inspector (Town Planning), Thiruverkadu Municipality, Thiruverkadu, Chennai 600077.

3. The Health Inspector, Thiruverkadu Municipality, Thiruverkadu, Chennai 600077.The Tamil Nadu Local Bodies Ombudsman, 100 Annasalai, Guindy, Chennai 600032.

4. The District Collector, Thiruvallur District, Thiruvallur 602 001.

5. The Revenue Divisional Officer, Thiruvallur District, Thiruvallur 602 001.

6. The Tahsildar, Poonamallee Taluk, Poonamallee 600056, Thiruvallur District.

S.M.SUBRAMANIAM, J.

AND K.SURENDER, J.

DSA 01-04-2026