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Madras High CourtREV.APLW/281/2025dismissed

The Correspondent v. K.Sathish

2026-02-19Honourable Mr Justice R. Suresh Kumar,Honourable Mr.Justice Hemant Chandangoudar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2026 CORAM :

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR The Correspondent Holy Family Convent Matriculation Higher Secondary School No.62, Medavakkam Main Road Keelkattalai, Chennai.

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Petitioner Vs.

1. K.Sathish

2. The District Collector Chengalpattu District Collectorate Chengalpattu District.

3. The Tahsildar Pallavaram Tahsildars Office, Pallavaram, Chennai.

4. The Commissioner Tambaram City Municipal Corporation GST Road, Tambaram Sanatorium Chennai - 600 047.

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Respondents Prayer: Petition filed under Order XLVII Rule 1 r/w Section 114 of the Code of Civil Procedure, against the order made in W.P.No.38904 of 2025 dated 29.10.2025.

For the Petitioner :

Mr.ML.Ganesh For the Respondents :

Mr.C.Jayaprakash Government Advocate for R2 and R3 Mr.P.Srinivas Standing Counsel for R4

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) This review application has been filed seeking review of the order passed by this Court dated 29.10.2025 made in W.P.No.38904 of 2025.

2. In the operative portion of the said order, we have passed the following orders:- "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."

2. The present petitioner was the fourth respondent in the said writ petition, where, there has been an allegation that the fourth respondent had been encroaching upon the Government paattai poromboke land, which has been used as a pathway. That has been the stand of the official respondents also.

3. Therefore, such a direction was given to serve notice to both the writ petitioner as well as the fourth respondent, that is the present petitioner, by the Revenue Tahsildar as well as the fourth respondent, that is the Tambaram City Municipal Corporation and both of them must jointly measure the land in question and if there are any encroachments, steps should be taken to remove the encroachments, was the order passed by this Court dated 29.10.2024.

4. The fourth respondent in the said writ petition is a school. They claim they do not to have any grievance over the said order, as only the encroachment was directed to be removed. If at all the fourth respondent/present petitioner is an encroacher, he has to face the proceedings to be issued in this regard by the Official respondents. If he is not an encroacher, he has nothing to worry about in such proceedings being initiated by the Official respondents, of course, pursuant to our order.

5. Therefore, the review application itself is an unwarranted and a frivolous one, since no apparent error on the face of the record is available in the order dated 29.10.2025. This review

application is liable to be dismissed on that ground itself and hence, this review application is dismissed. However, there shall be no order as to costs. Consequently, W.M.P.No.51360 of 2025 is also closed.

(R.S.K., J.) (H.C., J.) 19.02.2026 Speaking Order/Non-Speaking Order Internet:Yes/No Index:Yes/No (drm)

To:

1. The District Collector Chengalpattu District Collectorate Chengalpattu District.

2. The Tahsildar Pallavaram Tahsildars Office, Pallavaram, Chennai.

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

R. SURESH KUMAR, J.

AND HEMANT CHANDANGOUDAR, J.

(drm) 19.02.2026