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Madras High CourtWP/38592/2025dismissed

Mrs.Lalitha Kumar v. The Managing Director

2026-04-20Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice K. Surender6 pages

2026:MHC:1596

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-04-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER Mrs.Lalitha Kumar W/o.G.Kumar, No.B.54, First Main Road, Kurinji Nagar, TNHB Residence, Ramapuram, Chennai 600089.

..Petitioner(s) Vs

1. The Managing Director Tamil Nadu, Housing Board, 493, Anna Salai, Nandanam, Chennai 600 035.

2. The District Collector, 4th Floor, M.Singaravelar Maaligai 62, Rajaji Salai Chennai Collectorate, Chennai 600 001.

3. The Tahsildar, Maduravoyal Taluk, Bharathi Salai Phase II, Nolambur 600 0037.

4. Executive Engineer (and ) Administrative Officer, K.K.Nagar Division, Tamil Nadu Housing Board, Anna Nagar, 2nd Avenue, Chennai 600 040.

5. Mr.N.P.Balakrishnan, S/o.Periyaswamy Nadar, No.7b, Gangaiammal Koil Street, Jafferkhanpet, Ashok Nagar, Chennai 600 083.

6. Mrs. R.Kalaiselvi W/o.V.Rajan, No.5/42, Bharathi Salai, Ramapuram, Chennai 600 089.

7. The Commissioner, Greater Chennai Corporation, Chennai.

(R7 suo motu impleaded vide Order dated 19.01.2026 made in WP.38592/2025 by SMSJ & CKJ) ..Respondent(s) Directing the 3rd respondent to take all necessary steps to forthwith remove the encroachments made by the 5th and 6th respondent and / or others in the area demarcated for road widening in the public road named Bharathi Salai, Ramapuram, adjacent to plot Nos. MIG B54 and B55 within a reasonable time - frame as may be fixed by this Honourable Court. For Petitioner(s):

Mr.Anish Gopi For Respondent(s):

Mr.D.Veerasekaran, Standing Counsel for TNHB for R1 & R4 Mr.T.Arunkumar Addl.G.P. for R2 & R3 Mr.R.Hema Ragav for R5 Mr.K.Prasanthan for R6 Mr.D.B.R.Prabhu, Standing Counsel for GCC for R7 Order (Order of the Court was made by S.M.Subramaniam J.) Writ of Mandamus has been instituted to direct the 3rd respondent to take all necessary steps forthwith to remove the encroachments made by the 5th and 6th respondent and / or others in the area demarcated for road widening in the public road named Bharathi Salai, Ramapuram, adjacent to plot Nos. MIG B54 and B55, within a reasonable time - frame as may be fixed by this Court.

2. The petitioner purchased a plot from the TamilNadu Housing Board

and constructed a house under the Scheme, namely Kurunji Nagar Neighbourhood Scheme. It is not in dispute that as per the lay out, the petitioner is using the road formed by the Housing Board in the approved lay out. However, it is contended that a portion of grama natham land has been encroached upon by a few persons and if those encroachments are removed, the petitioner will have direct access to the main road, namely Bharathi Road.

3. The revenue authorities, in coordination with the Chennai Corporation authorities, conducted inspection and survey. During the course of survey, the Corporation authorities and the revenue authorities found that inbetween the Housing Board lay out and Bharathi Salai, a portion of land classified as grama natham has already been assigned in favour of landless poor persons. It is further ascertained that the persons who are all in occupation of the subject portion are not encroachers and they possess an order of assignment granted by the competent revenue authorities.

4. Learned counsel for the petitioner would submit that the survey was not conducted in a proper manner. The Housing Board has identified encroachments in their map. However, the revenue authorities filed the documents by showing that a joint survey was conducted. Due to the wrong mentioning of schedule of property in the Sale Deed executed by the Tamil Nadu Housing Board, the petitioner has filed a writ petition.

5. Tamil Nadu Housing Board has not taken note of the fact regarding the assignment of grama natham by the revenue authorities. Based on the mistake occurred in the sale deed executed by the Tamil Nadu Housing Board

in favour of the allottees, the petitioner has chosen to file a writ petition on the presumption that the occupants of the said portion of the land are encroachers. After conducting survey, the authorities found that they are not encroachers and the subject lands are assigned to them by the Revenue authorities. Bharathi Road was handed over to the Corporation by the Government, vide G.O.(3D)No.14 Municipal Administration and Water Supply Department, dated 14.09.2023.

6. That being the factum, this Court is not inclined to consider the relief as sought for by the petitioner. Accordingly, the Writ Petition stands dismissed. No costs.

(S.M.S.,J.) (K.S.,J.) 20-04-2026 Index: Yes/No Speaking/Non-speaking order VSI To

1. The Managing Director Tamil Nadu, Housing Board, 493, Anna Salai, Nandanam, Chennai 600 035.

2. The District Collector, 4th Floor, M.Singaravelar Maaligai 62, Rajaji Salai Chennai Collectorate, Chennai 600 001.

3. The Tahsildar, Maduravoyal Taluk, Bharathi Salai Phase II, Nolambur 600 0037.

4. Executive Engineer (and ) Administrative Officer, K.K.Nagar Division, Tamil Nadu Housing Board, Anna Nagar, 2nd Avenue, Chennai 600 040.

5. The Commissioner, Greater Chennai Corporation, Chennai.

S.M.SUBRAMANIAM J.

AND K.SURENDER J.

VSI 20-04-2026