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Selaiyur Village Public Welfare v. Government of Tamil Nadu

Madras HC14 May 2025WP/18407/2025

Case brief

AI extract

What is this about?

Madras High Court, 14.05.2025, W.P.No.18407 of 2025; Selaiyur pond/water body encroachment (Old Survey No.164, Town Survey No.60/1, Block 2, Acre 1.38 cent); mandamus under Article 226 to District Collector, Chengalpet to conclude enquiry Na.Ka.(C.L.)No.6091/2012 dated 19.08.2014 and take final action on merits within four months; Tambaram City Municipal Corporation encroachment removal; petitioner representation dated 07.04.2024; private respondents Ramasamy and M.Narayanan; writ petition disposed, no costs; bench G.R.Swaminathan and V. Lakshminarayanan.

What did the court decide?

Writ petition disposed of with the direction to the second respondent (District Collector, Chengalpet) to conduct the enquiry and take final action on merits and in accordance with law within four months; no costs awarded. ¶32

Selaiyur Village Public Welfare Vs Government of… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the enquiry initiated by the second respondent (District Collector, Chengalpet) into the alleged encroachment on the water body would be concluded expeditiously, the petitioner complaining it was not progressing speedily. +1 more

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Court's answer

The Court directed the second respondent to conduct the enquiry and take final action on merits and in accordance with law.

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Ratio / Principle

The entire exercise of conducting the enquiry and taking final action shall be completed within a period of four months from the date of receipt of a copy of the order.

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Detailed headnote1 paragraphs

Selaiyur Village Public Welfare Development Association v. Government of Tamil Nadu and others (W.P.No.18407 of 2025, High Court of Judicature at Madras, decided 14.05.2025; order by G.R.SWAMINATHAN, J., bench with V. LAKSHMINARAYANAN, J.): Writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the District Collector, Chengalpet (second respondent) to conclude the pending enquiry in proceeding Na.Ka.(C.L.)No.6091/2012, No.1 dated 19.08.2014 concerning alleged encroachment by private respondents Ramasamy and M.Narayanan on a pond/water reservoir comprised in Old Survey No.164, Town Survey No.60/1, Block 2, to an extent of Acre 1.38 cent at Selaiyur, and consequently directing the Commissioner, Tambaram City Municipal Corporation (third respondent) to remove the encroachments in pursuance of the petitioner's representation dated 07.04.2024. The Court observed that the second respondent had already initiated action and that the grievance was the slow pace of the enquiry; it accordingly directed the second respondent to conduct the enquiry and take final action on merits and in accordance with law, completing the entire exercise within four months of receipt of a copy of the order. Writ petition disposed of with the above direction; no costs.

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W.P.No.18407 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 14.05.2025

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN

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W.P.No. 18407 of 2025

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Selaiyur Village Public Welfare Development Association, Rep by its President, Having office at, No.8 Thiruvenkidam, Selaiyur, Chennai 600 073.

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.. Petitioner

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1.The Government of Tamil Nadu, Rep.by its Secretary, Local Administration, St.George Fort, Chennai.

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2.The District Collector, Office of Collectorate, Chengalpet District, Chengalpet.

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3.The Commissioner, Tambaram City Municpal Corporation, Tambaram, Chennai 600 045.

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4.The Principal Secretary and Commissioner, Land administration, Chepauk, Chennai 600 005. 5.The Tahsildar,

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

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W.P.No.18407 of 2025

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Tambaram Taluk, Chennai 600 045.

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6.Ramasamy

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7.M.Narayanan

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Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the second respondent to conclude the enquiry in respect of proceeding bearing Na.Ka.(C.L.)No.6091/2012, No.1 dated 19.08.2014 and consequently, direct the 3rd respondent to remove the encroachments made in pond being a water reservoir comprised in Old Survey No.164, Town Survey No.60/1, Block 2, to an extent of Acre 1.38 cent in Selaiyur, Tambaram Municipal Corporation in pursuance to the representation dated 07.04.2024 made by the petitioner.

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For Petitioner : Mr.K.Venkateswaran

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For Respondents : Mr.S.Balamurugan Government Advocate for R1 to R5

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ORDER

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(Made by G.R.SWAMINATHAN., J.)

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Heard the learned counsel for the petitioner and the learned Government Advocate for the official respondents.

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The petitioner alleges that the private respondents herein have

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

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W.P.No.18407 of 2025

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committed encroachment on a water body. It is seen that the second respondent had already initiated action in this regard. The petitioner's grievance is that the enquiry is not progressing in a speedy manner. Hence the present writ petition has been filed.

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3.We direct the second respondent to conduct enquiry and take final action on merits and in accordance with law. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

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4.The writ petition is disposed of with the above direction. No

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costs.

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[G.R.S.,J] [V.L.N.,J] 14.05.2025

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Index:Yes/No Neutral Citation:Yes/No gpa/sli

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G.R.SWAMINATHAN, J. and V. LAKSHMINARAYANAN, J.

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