Disposed¶45

Y.Akbar Ahmed v. the Managing Director

Madras HC6 Mar 2025WP/25455/2024

Case brief

AI extract

What is this about?

Madras HC W.P.No.25455 of 2024 (decided 06.03.2025), coram K.R. Shriram C.J. & Mohammed Shaffiq J.; petitioner Y. Akbar Ahmed sought mandamus against respondents 1-5 to clear encroachments by respondents 9-13 on Survey No.4123/1, Block 89, Mylapore Taluk, Mandaveli, Chennai. Court directed TN Urban Habitat Development Board to examine building legality and act per law if illegal; timeline two weeks to initiate, conclude by 31.5.2025; personal hearing with five-working-day notice; disposed, no costs.

What did the court decide?

Writ petition disposed of with direction to Tamil Nadu Urban Habitat Development Board to examine legality of building, take steps per law if illegal, initiate process within two weeks, conclude by 31.5.2025, with mandatory personal hearing on five working days' advance notice; no order as to costs. ¶45

Y.Akbar Ahmed Vs the Managing Director — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondents 9 to 13 have encroached on government land in Survey No.4123/1, Block 89, Mylapore Taluk, Mandaveli, Chennai-600 028, and constructed an illegal/unauthorised building, warranting a writ of mandamus directing respondents 1-5 to remove the encroachments.

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Court's answer

The court declined to adjudicate whether respondents 9-13's occupation constitutes encroachment or an illegal building, and instead disposed of the petition by directing the Tamil Nadu Urban Habitat Development Board to examine whether the building is legal; if not legal, the Board must take steps in accordance with law. The examination process must be initiated within two weeks and concluded by 31.5.2025, with a personal hearing before any order, notice of which must be communicated at least five working days in advance.

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Ratio / Principle

Before passing any order, a personal hearing shall be given to the affected parties, and notice thereof shall be communicated at least five working days in advance.

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Detailed headnote1 paragraphs

Writ petition under Article 226 seeking mandamus to remove alleged encroachments and unauthorised constructions by private respondents on government land in Mandaveli, Chennai. The Madras High Court (Coram: K.R. Shriram, Chief Justice and Mohammed Shaffiq, Judge) declined to adjudicate the legality of the occupation directly and disposed of the petition by directing the Tamil Nadu Urban Habitat Development Board to examine whether the building is legal and, if not, take steps in accordance with law. Process to be initiated within two weeks and concluded by 31.05.2025; personal hearing required before any order, with notice communicated at least five working days in advance. Disposed of without costs.

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W.P.No.25455 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06.03.2025

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CORAM :

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THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ

WP No.25455 of 2024

Y.Akbar Ahmed

.. Petitioner

vs.

1.The Managing Director, Tami Nadu Housing Board, CMDA Complex, E&C Market Road, Koyambedu, Chennai-600 107.

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2.The Chairman, Tamil Nadu Urban Habitat Development Board, No.5, Kamarajar Salai, Chepauk, Chennai-600 005.

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3.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu-Natarajan Maaligai, No.1, Gandhi-Irwin Road,

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Egmore, Chennai-600 008.

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4.The Executive Engineer & Administrative Officer, (Foreshore Estate Division) Tamil Naud Housing Board, No.485, MTB Building, Anna Salai, Nandanam, Chennai-600 035.

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W.P.No.25455 of 2024

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5.The Executive Engineer Division VI Tamil Nadu Habitat Development Board, Pillayar Kovil Thottam, R.K. Mutt Road, Mylapore, Chennai-600 024.

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6.The Sub Registrar, Mylapore Sub Registrar Office 9, Kavignar Bharathidasan Road, Seetammal Colony, MIG Colony, Alwarpet, Chennai-600 018.

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7.The Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai-600 007.

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8.The Deputy Commissioner of Police, 148, 138, Kutchery Road, Madhavaperumalpuram, Mylapore, Chennai-600 004.

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9.Gayathri 10.Devika 11.Surender 12.Swarnaprabha @ Sulekha 13.Manivannan

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.. Respondents

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PRAYER: Petition under Article 226 seeking issuance of a writ of mandamus directing respondents 1-5 to remove the encroachments and unauthorised constructions put by respondents 9-13 in the land comprised in Survey No.4123/1, Block 89, Mylapore Taluk, Mandaveli, Chennai-600 028.

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For Petitioner For Respondents

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: Mr.S.Sathish Rajan for M/s.Pavithra S.P

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: Mr.D.Veerasekaran Standing Counsel for respondents 1 and 4

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W.P.No.25455 of 2024

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Mr.G.Venkatesan Standing Counsel for respondents 2 and 5 Mrs.P.Veena Suresh Standing Counsel for respondent No.3 Mr.A.Gokulakrishnan Addl. Public Prosecutor for respondents 7 and 8 Mr.T.Mohan, Senior Counsel for Mr.N.G.P.Rajaram for respondents 9 to 13 Mr.M.Habeeb Rahman Government Advocate for respondent No.6

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ORDER

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(Order of the Court was made by the Hon'ble Chief Justice)

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The allegation in the petition is respondent Nos.9 to 13 have encroached on government land and constructed an illegal building.

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Shri Mohan submits that respondent Nos.9 to 13 have been residing in the building since 1960.

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Counsel for petitioner states that even if that may be so, though it

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W.P.No.25455 of 2024

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illegal.

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is not admitted, the fact is it is an encroachment and the building itself is illegal.

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We are not getting into that aspect, but we would dispose the petition with a direction to the Tamil Nadu Urban Habitat Development Board to examine whether the building is legal, and, if it is not, take steps in accordance with law. The process shall be initiated within two weeks from today and concluded by 31.5.2025. Before passing any order, personal hearing shall also be given, notice whereof shall be communicated at least five working days in advance.

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Petition is disposed of accordingly. There shall be no order as to costs.

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(K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ,J.) 06.03.2025 Index : Yes/No NC : Yes/No sasi

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W.P.No.25455 of 2024

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To:

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1.The Managing Director, Tami Nadu Housing Board, CMDA Complex, E&C Market Road, Koyambedu, Chennai-600 107.

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2.The Chairman,

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Tamil Nadu Urban Habitat Development Board, No.5, Kamarajar Salai, Chepauk, Chennai-600 005.

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3.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu-Natarajan Maaligai, No.1, Gandhi-Irwin Road, Egmore, Chennai-600 008.

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4.The Executive Engineer & Administrative Officer, (Foreshore Estate Division) Tamil Naud Housing Board, No.485, MTB Building, Anna Salai, Nandanam, Chennai-600 035.

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5.The Executive Engineer Division VI Tamil Nadu Habitat Development Board, Pillayar Kovil Thottam, R.K. Mutt Road, Mylapore, Chennai-600 024.

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6.The Sub Registrar, Mylapore Sub Registrar Office 9, Kavignar Bharathidasan Road, Seetammal Colony, MIG Colony, Alwarpet, Chennai-600 018.

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W.P.No.25455 of 2024

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7.The Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai-600 007.

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8.The Deputy Commissioner of Police, 148, 138, Kutchery Road, Madhavaperumalpuram, Mylapore, Chennai-600 004.

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___________ Page 6 of 7_

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W.P.No.25455 of 2024

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THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.

(sasi)

WP No.25455 of 2024

06.03.2025

___________ Page 7 of 7_

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Y.Akbar Ahmed v. the Managing Director

Case brief

What is this about?

What did the court decide?

Y.Akbar Ahmed v. the Managing Director

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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