Csi St.Paul Church v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2025 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.No.54053 of 2025 CSI St.Paul Church, rep. By tis Presbyster, CMC Colony, Sathuvachan, Vellore - 630 009.

... Petitioner Vs.

1. The District Collector, Collectorate, Vellore, Vellore District - 632 009.

2. The Commissioner, Vellore Corporation, Zone-2, Phase-2, Sathuvachari, Vellore - 632 009.

3. The City Planner (Incharge), Vellore Corporation, Sathuvachari, Vellore - 632 001

4. The Tahsildar, Vellore District, vellore - 632 001.

5. T.Sathyanarayanan, S/o M.Thiyagarajan, No.A10, 7th Cross Road, CMC Colony, Sathuvachari, Vellore - 630 009.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for the records in connections with the impugned notice in Na.Ka.No.1842/2025/F1 dated 10.11.2025 issued by the 3rd respondent and quash the same.

For Petitioner : Mr.Ravikumar Paul, Senior Counsel for M/s. Paul and Paul For Respondents : Mr.T.Arunkumar, Addl.Govt.Pleader for R1 & R4 Mr.P.S.Prabhu, Standing Counsel for R2 & R3

O R D E R

S.M.SUBRAMANIAM,J.

The final notice issued under Section 128(1)(b) of Tamil Nadu Urban Local Bodies Act dated 10.11.2025 is under challenge in the present writ proceedings.

2. Admittedly, the petitioner is in occupation of the Government land and the learned Senior Counsel would submit that the erstwhile President of Sathuvachari Town Panchayat has granted permission to utilise the vacant land.

3. The learned Additional Government Pleader would submit that the President of Town Panchayat is not a competent authority to grant permission or to assign Government lands in favour of any person. Merely, based on the permission granted by the erstwhile President, Sathuvachari Town Panchayat, the petitioner cannot have any right of ownership in respect of the Government land.

4. One Mr.T.Sathyanarayan, filed W.P.No.10214/2025 and this Court passed an order on 25.04.2025 directing the authorities to remove the unauthorised constructions by following the due procedure as contemplated under the Act. In pursuance to the orders of the Court, enforcement actions are initiated under the Tamil Nadu Urban Local Bodies Act. Thus, the said action cannot be said to be in firm. The petitioner is unable to establish their right over the subject land which belongs to the Government. They are neither assignees nor licensees. Thus, they are encroachers for all purposes and the construction made is also unauthorised. That being the factum, the competent authorities are empowered to demolish the unauthorised construction and resume the Government land and utilise the same for public purposes.

5. Sathuvachari erstwhile Panchayat is now falling within the Vellore Corporation limits and the lands are scares in that locality. That being so, the Government requires lands for public purposes and for

construction of Government offices etc. The petitioner has not established any right for the purpose of considering the relief. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(S.M.S.,J.) (C.K.,J.) 11.12.2025 vsi Index : Yes Speaking order : Yes To

1. The District Collector, Collectorate, Vellore, Vellore District - 632 009.

2. The Commissioner, Vellore Corporation, Zone-2, Phase-2, Sathuvachari, Vellore - 632 009.

3. The City Planner (Incharge), Vellore Corporation, Sathuvachari, Vellore - 632 001

4. The Tahsildar, Vellore District, vellore - 632 001.

S.M. SUBRAMANIAM, J.

and C.KUMARAPPAN,J.

vsi 11.12.2025