Madras High CourtWP/4741/2025disposed of

B.V.Sureshkumar v. The District Collector

2026-03-17Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2026 CORAM :

THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN WP No.4741 of 2025 and WMP N o .45620 of B.V.Sureshkumar S/o.B.K.Viswanathan, Old No.22, New No.52, Broadway, Chennai-600 104.

Petitioner(s) Vs

1. The District Collector Thiruvallur District, 4, VVY+GQW, Chinna Ekkadu, Jaya Nagar, Thiruvallur Tamilnadu-602 001.

2. The Revenue Divisional Officer Thiruvallur District, 4 WMS 3 F4 Bharathiyar Street, S.P.Nagar, Thiruvallur, Kakallur-602 003.

3. The Tahsildar Aavadi Taluk, No.43, FGM Modern City, Deenadayalan Nagar, Near Hindu College, Pattabiram,

4. The Special Tahsildar (Settlement) Aavadi Town Survey Office, Aavadi,

5. The Deputy Commissioner of Police Aavadi Taluk, Aavadi,

6. The Commissioner Aavadi Municipality Office, Avadi

7. The Principal Secretary The Commissioner Of Revenue Department, Secretariat, Saint George Fort, Chennai-600 009.

8. The Commissioner of Police Vepery, Chennai-600 007.

9. The Secretary to Government Water Resources Department, 2nd Floor St.George Fort, Chennai-600 009.

10.The Commissioner of Land Reforms O/o.Commissionerate of Land Reforms, Ezhilagam, Chepauk, Chennai-600 005.

Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to evict the illegal encroachments all along the stretch of Chiteri Water bodies, Erikarai and its adjoining Tank Bund and Government Promboke land Tank promboke land and its appurtenance located at Survey No.297/A on the Western land of S.No. 293 and 296/B at Gopalapuram, Thandurai village Chitterai, Township Block at No.9/26,Pattabiram Avadi Taluk, Thiruvallur District on permanent basis and further direct the respondent to effectively keep a vigil by

way of periodical inspection and police patrolling so as to avert encroachments in future.

For Petitioner(s):

Mr. R.Sathiyamurthi For Respondent(s):Mr. A.Edwin Prabakar State Government Pleader Assisted by Mr. K.Karthik Jagannath Government Advocate for R1 to R4, R7, R9 and R10 Mr.E.Raj Thilak Additional Public Prosecutor for R5 and R8 Mr. P.Muthu Kumar Additional Advocate General Assisted by Mr. Ra.Gopinath Standing Counsel for R6

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The petitioner has filed this writ petition, styled as public interest litigation, seeking issuance of a mandamus to direct the respondents to evict the illegal encroachments all along the stretch of Chiteri Water bodies, Erikarai and its adjoining Tank Bund and Government Poramboke land, Tank promboke land and its appurtenance located at Survey No.297/A on the Western land of S.Nos.293 and 296/B at Gopalapuram, Thandurai Village Chitterai,

Township Block at No.9/26, Pattabiram Avadi Taluk, Thiruvallur District on permanent basis and further direct the respondents to effectively keep a vigil by way of periodical inspection and police patrolling so as to avert encroachments in future.

2. When the matter was taken up for hearing, learned counsel for the respondents submitted that, upon survey, it was found that are 314 encroachers and, therefore, notices were issued to them. Objections have been submitted by the encroachers and upon due consideration, the same were rejected and final eviction notices were issued on 23.2.2026 to the encroachers in Form-III. They further submitted that eviction proceedings shall be concluded at the earliest possible, in accordance with law.

3. Learned counsel for the petitioner urged that the proceedings may be kept pending and the court may monitor the proceedings. However, in view of the aforesaid submission made by learned counsel for the respondents that final eviction notices were issued on 23.2.2026 and the proceedings shall be concluded at the earliest, we are not inclined to keep this petition pending.

4. In such view of the matter, the writ petition is disposed of with a direction to the respondents to conclude the aforesaid exercise as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order, and ensure that all the encroachments are removed. There shall be no order as to costs. Consequently, interim application stands closed. (SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J) 17.03.2026 Index :

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