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Madras High CourtWP/39544/2025dismissed

Pachaiyammal v. The Commissioner

2026-02-04Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice C.Kumarappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2026 C O R A M THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN Pachaiyammal ... Petitioner -vs1.The Commissioner, Kanchipuram Municipal Corporation, Kanchipuram - 631 501.

2.The District Collector, Kanchipuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to praying to issue a Writ of Mandamus, directing the respondents, particularly the 1st respondent to restore the property comprised in Survey No.632/2, which was subsequently revised to Survey No.784/10, and finally re-numbered as Survey No.784/28, measuring an extent of 120 sq.ft. out of total area of 1330 sq.ft., located at Thenambakkam Village, Kanchipuram Taluk and District, to its original position within a time limit to be stipulated by this Court.

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For Petitioner : Mr.K.Raju For Respondents : Mr.R.A.Gopinath for R1 Mr.T.Arun Kumar, Addl. Govt. Pleader for R2 *****

O R D E R

(Order of the Court was made by S.M.SUBRAMANIAM,J.,) The Writ of Mandamus has been instituted to direct the 1st respondent to restore the property comprised in Survey No.632/2, which was subsequently revised to Survey No.784/10, and finally re-numbered as Survey No.784/28, measuring an extent of 120 sq.ft. out of total area of 1330 sq.ft., located at Thenambakkam Village, Kanchipuram Taluk and District, to its original position within a time limit to be stipulated by this Court.

2. The learned counsel for the Kanchipuram Municipal Corporation would submit based on the counter affidavit that encroachments had already been removed and the Municipal Corporation has taken possession of the public property.

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3. Such being the factum, if any right exits to the petitioner, he has to approach only the competent civil Court of law. With these observations, the Writ Petition stands dismissed. No costs.

(S.M.S,J.,) (C.K,J.,) 04.02.2026 Index: Yes / No Internet: Yes / No dsa To:

1.The Commissioner, Kanchipuram Municipal Corporation, Kanchipuram - 631 501.

2.The District Collector, Kanchipuram District.

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S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN, J.

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