Selvaraj Vs the Commissioner

Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 4 herein to remove an unauthorized building measuring 1.0 x 3.0 meters = 3.0 square meters in the western corner of the street in Survey No.33/2A1A1A by the 5th respondent as he has encroached the Government Land and take necessary action on the petitioner's representation dated 17.11.2024.

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For Petitioner : Mr.K.Gangadaran For Respondents : Ms.S.Vanitha Joice Rani Standing Counsel, for R1 to R3 Mr.T.K.Saravanan Government Advocate, for R4

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O R D E R

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[Order of the Court was made by M.SUNDAR, J. ,]

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Captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity} pertains to 'S.No.33/2A1A1A in 10, Ramapuram Village, Maduravoyal Taluk, Chennai District' {hereinafter 'said land' for the sake of brevity}.

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Page Nos.2/7

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https://www.mhc.tn.gov.in/judis

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W.P.No.1552 of 2025

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Learned counsel for writ petitioner submits that said land falls

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within the jurisdiction of 'Greater Chennai Corporation' ['GCC']. Learned counsel for writ petitioner submits that R5 (private respondent - K.Anandan) has put up a superstructure and has caused encroachment qua said land.

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It is the specific say of learned counsel for writ petitioner that

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representations were made to GCC including representation dated 17.11.2024 but there is no response and that has necessitated the filing of captioned main WP.

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Issue notice to official respondents.

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Ms.S.Vanitha Joice Rani, learned Standing Counsel accepts notice

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for R1 to R3 and Mr.T.K.Saravanan, learned Government Advocate accepts notice for R4.

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Mr.T.K.Saravanan, learned State Counsel submits that survey has been conducted and encroachment by way of superstructure constructed to an extent of 3.0 sq.m has been noticed. Learned State Counsel draws our attention to proceedings bearing P.R.No.98/2023 dated 30.06.2023 and a scanned reproduction of the same is as follows:

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Page Nos.3/7

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https://www.mhc.tn.gov.in/judis

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W.P.No.1552 of 2025

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Page Nos.4/7

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https://www.mhc.tn.gov.in/judis

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W.P.No.1552 of 2025

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In the aforesaid scenario, it is submitted that GCC will have to initiate action under 'The Tamil Nadu Urban Local Bodies Act, 1998 (Act 9 of 1999)' (hereinafter 'TNULB Act' for the sake of convenience and clarity). Action under TNULB Act necessarily means that R5 and / or any other encroacher has to be show caused under Section 128(1)(b) of TNULB Act. All rights and contentions of R5 and / or any other encroacher are preserved for responding when show caused under Section 128(1)(b) of TNULB Act.

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If representation is sent in response to show cause notice either by R5 or by any other noticee, R1 has to necessarily pass 'final orders' vide proviso to Section 128(1)(b) of TUULB Act as the TNULB Act is safety valve qua R5.

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Owing to limited scope of captioned main WP, with the consent of learned counsel on both sides, main WP is taken up in the Admission Board.

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Learned Standing Counsel for GCC submits that action as above will be commenced and concluded as expeditiously as possible but in any event within 12 weeks from today. This submission is recorded.

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We make it clear that, if any representation is made, R1 shall pass an order on its own merits and in accordance with law untrammeled by this

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Page Nos.5/7

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https://www.mhc.tn.gov.in/judis

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W.P.No.1552 of 2025

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order.

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Captioned WP is disposed of recording the stated position of learned State Counsel. There shall be no order as to costs.

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(M.S.,J.) (K.R.S.,J.) 23.01.2025

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Index : Yes / No Neutral Citation : Yes / No Speaking order / Non-speaking order mk To 1. The Commissioner Greater Chennai Corporation Rippon Building Chennai-600 003.

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