Disposed¶46

A.Kathirvel v. the District Collector

Madras HC29 Jul 2025WP/27447/2025

Case brief

AI extract

What is this about?

Encroachment removal; writ of Mandamus; Article 226; TSLR sketch restoration; Block No.19 Old T.S.No.53/1 New T.S.No.27 Railway Border Road Puliyur Village Chennai; representation dated 02.02.2024; survey with notice; Section 128 Tamil Nadu Urban Local Bodies Act 1998 (TNULB Act); Greater Chennai Corporation; Tahsildhar Nungambakkam-Egmore Taluk; deadlines 23.09.2025 and 18.11.2025; private respondents' rights preserved; disposed of; no costs.

What did the court decide?

Writ petition disposed of by recording the State's undertaking to conduct a survey of the said land, after putting all concerned on notice and in their presence, on or before 23.09.2025 and, if encroachments are found, to commence action under the TNULB Act on or before 18.11.2025; notice to private respondents dispensed with and their rights preserved; no order as to costs.

A.Kathirvel Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the alleged unauthorised encroachment in Block No.19, Old T.S.No.53/1, New T.S.No.27, Railway Border Road, Puliyur Village, Chennai should be removed and the land restored in accordance with the TSLR sketch. +1 more

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Court's answer

Notice to private respondents (R8 to R10) and/or any other encroacher is dispensed with, and it is made clear that all their rights and contentions are preserved if they are show caused; the order does not touch upon their rights.

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Ratio / Principle

Captioned writ petition is disposed of recording the stated position of learned State counsel that a survey will be conducted, after putting all concerned on notice and in their presence, on or before 23.09.2025, and if encroachments are found, action under the TNULB Act will be commenced as expeditiously as possible but in any event on or before 18.11.2025.

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Detailed headnote1 paragraphs

Madras High Court (M. Sundar and Hemant Chandangoudar, JJ.) disposed of a writ petition under Article 226 of the Constitution filed by A. Kathirvel seeking a writ of Mandamus to remove alleged unauthorised encroachment in Block No.19, Old T.S.No.53/1, New T.S.No.27, Railway Border Road, Puliyur Village, Chennai and to restore the land in accordance with the TSLR sketch, following non-response to a representation dated 02.02.2024. Recording the stated position of the learned State counsel, the Court directed that a survey be conducted after putting all concerned on notice and in their presence on or before 23.09.2025 and that, if encroachments are found, action be commenced under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999) on or before 18.11.2025. Notice to private respondents (R8 to R10) was dispensed with, their rights and contentions being expressly preserved. No order as to costs.

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W.P.No.27447 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 29.07.2025

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CORAM

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THE HONOURABLE MR.JUSTICE M.SUNDAR

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and

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THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR

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W.P.No.27447 of 2025

A.Kathirvel

... Petitioner

Vs.

1.The District Collector,

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Collector Office,

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Chennai – 600 001.

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2.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai.

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3.The Regional Deputy Commissioner, Door No.36B, 2^nd Cross Street, Pulla Avenue, Shenoy Nagar, Chennai – 600 030.

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4.The District Revenue Officer, Zonal Officer/Z-9, No.1, Lake Area 4^th Cross Street, Nungambakkam, Chennai – 600 034.

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5.The Tahsildhar, Nungambakkam – Egmore Taluk, Chennai – 600 031.

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Page Nos.1/6

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

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W.P.No.27447 of 2025

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6.The Superintending Engineer (Central), Zonal Officer/Z9, No.1, Lake Area, 4^th Cross Street, Nungambakkam, Chennai – 600 034.

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7.The Executive Engineer, Zonal Officer/Z9, No.1, Lake Area, 4^th Cross Street, Nungambakkam, Chennai – 600 034.

8.Sumathi 9.Balaji

10.Ponni

... Respondents

Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents to remove the unauthorised encroachment in Block No.19, Old T.S.No.53/1, New T.S.No.27, Railway Border Road, Puliyur Village, Chennai and to restore the same in accordance with TSLR sketch.

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For Petitioner : Ms.Vedavalli Kumar For Respondents : Mr.T.K.Saravanan, Additional Government Pleader for R1 and R5 Mr.D.B.R.Prabhu, Standing Counsel for R2 to R4, R6 and R7

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ORDER

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

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Subject matter of captioned main 'Writ Petition' [hereinafter 'WP' for the sake of brevity] is alleged encroachment in 'Block No.19, Old

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Page Nos.2/6

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

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W.P.No.27447 of 2025

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T.S.No.53/1, New T.S.No.27, Railway Border Road, Puliyur Village, Chennai' [hereinafter 'said land ' for the sake of convenience and clarity].

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Request for removal of aforereferred alleged encroachment by way of a representation dated 02.02.2024 has not yielded results and that has necessitated captioned WP, is the submission of learned counsel for writ petitioner.

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Issue notice to official respondents.

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Mr.T.K.Saravanan, learned Additional Government Pleader,

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accepts notice for R1 and R5 and Mr.D.B.R.Prabhu, learned standing counsel accepts notice for R2 to R4, R6 and R7.

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Learned State counsel, submits, on instructions, that a survey will be conducted, after putting all concerned on notice and in their presence, within eight weeks from today i.e., on or before 23.09.2025 and if encroachments are found, action will be commenced under Section 128 of 'T he Tamil Nadu Urban Local Bodies

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Page Nos.3/6

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

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W.P.No.27447 of 2025

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Act, 1998 (Tamil Nadu Act 9 of 1999)' [hereinafter 'TNULB Act' for the sake of brevity].

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If there are encroachments, action against private respondent/s and/or any other other encroacher(s) necessarily means that they would be show caused. This Court makes it clear that all rights and contentions of private respondent/s and/or any other encroacher(s) are preserved if they are show caused and this order does not touch upon their rights. Therefore, we dispense with notice to private respondents/R8 to R10 and/or any other encroacher and take up the captioned WP in the Admission Board with the consent of all the aforementioned counsel before us.

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In the light of the narrative thus far, captioned WP is disposed of in the aforesaid manner, recording the stated position of learned State counsel that survey will be done within a period of eight weeks from today, i.e., on or before 23.09.2025, after putting all concerned on notice and in their presence and action, if any, under the TNULB Act, will be commenced as expeditiously as the business of official respondents would permit but in any event within a period of

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Page Nos.4/6

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

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W.P.No.27447 of 2025

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eight weeks therefrom i.e., on or before 18.11.2025. There shall be no

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order as to costs.

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(M.S.,J.) (H.C.,J.) 29.07.2025