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Madras High CourtWP/38904/2025disposed of

K.Sathish v. The District Collector

2025-10-29Honourable Mr Justice R. Suresh Kumar,Honourable Mr.Justice Hemant Chandangoudar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-10-2025

CORAM

THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR K.Sathish S/o T. Krishnan, No 6 Flat D-3, Sankaranarayana Apartment, Kuppaiah Street, West Mambalam Chennai District 600 033 ..Petitioner(s) Vs

1. The District Collector Chengalpattu District Collectorate, Chenglaattu District.

2. The Tahsildar Pallavaram Tahsildars Office, Pallavaram Chennai

3. The Commissioner Tambaram City Municipal Corporation GST Road, Tambaram Santorium, Chennai 600 047

4. The Correspondent Holy Family Convent Matricultion Higher Secondary School No 62 Medavakkam Main Road, Keelkattalai Chennai ..Respondents

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent to consider and dispose of petitioner representation dated 09.09.2025 within a fixed time frame and to remove the encroachments made by the 4th respondent in survey No 26 Keelakattalai village Pallavaram Taluk Chenglapattu district and restore the said Government Poramboke land to its rightful public use. For Petitioner :

Mr.B.Vijay for Mr.G.Dinesh Kumar For Respondents :

Ms.M.Jayanthy Additional Government Pleader -for RR 1 and 2 Mr.P.Srinivas Standing Counsel - for R3 R4 - Notice dispensed with.

Order (Order of the Court was made by R.Suresh Kumar J.) The prayer sought for herein is for a Writ of Mandamus directing the 2nd respondent to consider and dispose of the petitioner's representation dated 09.09.2025 within a fixed time frame and to remove the encroachments made by the 4th respondent in Survey No 26 Keelakattalai village Pallavaram Taluk Chenglapattu district and restore the said Government Poramboke land to its rightful public use.

2. The case of the petitioner as projected by the learned counsel Mr.B.Vijay is that Survey No 26 Keelakattalai village Pallavaram Taluk Chenglapattu district is a Government Paattai Poramboke land and also it is being used as pathway. However, the same has been allegedly encroached by the 4th respondent. Therefore, in order to remove such encroachment he has given a representation on 09.09.2025. However, since the same has not evoked any response the petitioner has approached this Court by filing the present writ petition.

3. Heard Ms.M.Jayanthi, learned Additional Government Pleader for the respondents 1 and 2, and Mr.P.Srinivas, learned Standing Counsel for the 3rd respondent. In view of the order that is going to be passed in this writ petition, notice to the 4th respondent is hereby dispensed with.

4. Learned Additional Government Pleader appearing for the respondents 1 and 2 and the learned Standing Counsel appearing for the 3rd respondent wold submit that, if any encroachment is made by the fourth respondent, the same would be verified and thereafter action would be taken in accordance with law.

5. In that view of the matter, since the land in question is a Government Paattai Poramboke land which is being used as a pathway, whether in the said land encroachment has been made by the fourth respondent can be verified by way of conducting a survey by the respondents 2 and 3 jointly, of course after giving notice to the petitioner as well as the fourth respondent and thereafter, needful action can be taken by them in case they find any encroachment in the said land. The needful as indicated above shall be undertaken by the respondents within a period of two months from the date of receipt of a copy of this order. No costs.

(R.S.K.,J.) (H.C.,J.) 29-10-2025 Index: Yes/No Speaking/Non-speaking order KST

To

1. The District Collector Chengalpattu District Collectorate, Chenglaattu District

2. The Tahsildar Pallavaram Tahsildars Office, Pallavaram Chennai

3. The Commissioner Tambaram City Municipal Corporation Gst Road, Tambaram Santorium, Chennai 600 047

R.SURESH KUMAR J.

AND HEMANT CHANDANGOUDAR J.

KST 29-10-2025