A.M.P.A.Palaniappan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2026

CORAM

THE HON'BLE Mr. JUSTICE V.LAKSHMINARAYANAN A.M.P.A Palaniappan

...Petitioner

Vs.

1. The Tahsildar, Aminjikarai Taluk Office, Aminjikarai, Chennai-600 030.

2. The Executive Engineer, Greater Chennai Corporation (Zone-8), No.36B, Pulla Avenue, Shenoy Nagar, Chennai-600 030.

3. The Divisional Engineer, CMWSSB, Divisional Office, Door No. 227, 2nd Avenue, Anna Nagar, Chennai-600 040.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Respondent to duly consider the representation of the Petitioner dated 29.10.2025, and further directing the 1st Respondent to take immediate action to survey the land and to conduct proper enquiry on illegal encroachment of land old Survey Nos. 14/1 and 14/7, now in New Survey No.5, Block No. 3, situated at Nelson Manickam Road, Vada agaram Village, Aminjikarai Taluk, Chennai District, concerning our Documents.

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For Petitioner :

Mr.Johnsy Greeta J.

For Respondents :

Mr.M.Shajahan, Special Government Pleader for R1 Mr.Jerry V.V.Sundar for R3 Mr.Surya K for Ms.Aswini Devi K (R2)

O R D E R

The petitioner claims to be the owner of the property situated in Town Survey No. 5, Old Survey Nos. 14/1 and 14/7 of Vada Agaram Village, Aminjikarai Taluk, Chennai.

2. The petitioner had secured his property by way of a partition deed executed by his grandfather, one A.M.P.A.Palaniappa Chettiar on 27.02.1967 and 03.07.1971.

3. The grievance of the petitioner is that respondent Nos. 2 and 3 have laid a rain water channel to an extent of 14 meters by 54.7 meters on the petitioner's land, without resorting to acquisition proceedings or transfer of title through negotiations.

4. The petitioner came to know of the same only when a survey of his lands were conducted. The petitioner called upon the second respondent to ensure that the properties of the petitioner are not encroached upon. As no 2/12

action was forthcoming, he approached this Court by way of a writ petition in W.P. No. 14782 of 2025. The said writ petition was ordered on 17.06.2025.

5. Subsequently, the second respondent called the petitioner for enquiry on 05.11.2025. The petitioner appeared for the enquiry and submitted his explanations together with the relevant documents including revenue records. The second respondent took a stand that it is upto the first respondent to survey and report as to whether there were any encroachments made by respondents 2 and 3 over the petitioner's lands. As the 1st respondent did not conduct the survey, despite the request of the petitioner, he is before this Court.

6. When the matter came up before this court on 05.01.2026, I called upon Mr.M.Shajahan, learned Special Government Pleader to give appropriate instructions to the 1st respondent to conduct a survey in the presence of the petitioner and the representatives of the respondents 2 and 3, and to submit a report as regards the lands in question. Mr.M.Shajahan took time for the same.

7. When the matter was taken up for hearing today, Mr.M.Shajahan has produced the survey report of the Tahsildar together with the TSLR and the plan. He has also shared the copies of the report and plan with the counsel for all the parties. The same are scanned and extracted hereunder:- 3/12

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8. As the survey sought by the 2nd respondent has been conducted by the 1st respondent and a report has also been filed and copies have also been given to the petitioner and respondent Nos. 2 and 3, the 2nd respondent shall immediately act, as per the orders of this Court in W.P. No. 14782 of 2025, without trotting out any further excuse.

9. With the above observation, the writ petition stands ordered. No costs. 26.02.2026 Index : Yes/No Internet: Yest/No Speaking or Non-speaking order Maya To

1. The Tahsildar, Aminjikarai Taluk Office, Aminjikarai, Chennai-600 030.

2. The Executive Engineer, Greater Chennai Corporation (Zone-8), No.36B, Pulla Avenue, Shenoy Nagar, Chennai-600 030.

3. The Divisional Engineer, CMWSSB, Divisional Office, Door No. 227, 2nd Avenue, Anna Nagar, Chennai-600 040.

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V.LAKSHMINARAYANAN, J.

Maya Dated : 26.02.2026 12/12