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

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

What the court decided

AI extract

Outcome

Writ petition disposed of with directions that encroachments on the public road, if identified, cannot be permitted to subsist and the authorities are bound to remove them; the entire exercise (including consideration of explanations under the Section 128, Tamil Nadu Urban Local Bodies Act, 1998 notice and final decision on enforcement action) to be completed within twelve (12) weeks from receipt of a copy of the order; no order as to costs.

Issue for consideration

Whether a writ of mandamus should issue directing respondents 1 to 5 (official respondents) to remove the encroachment made by respondents 6 to 17 causing obstructions on the 40 feet public road classified as Government Poramboke land (Pattai) comprised in T.S.No.25, Block No.20, Ward No.7(056), Ward E, Ambattur Town (old S.No.544 of Korattur Village), Ambattur Taluk, Chennai District.

Court's answer

Encroachments on public roads, if identified, cannot be permitted to subsist, and the authorities are bound to remove the same.

Ratio / Principle

The exercise of considering the encroachers' explanations/documents received pursuant to the Section 128 notice and taking a final decision on enforcement action for removal of encroachments from the public road shall be completed within twelve (12) weeks from the date of receipt of a copy of the order.

Detailed headnote1 paragraphs

Madras High Court (S.M. Subramaniam and C. Kumarappan, JJ.) disposed of a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing respondents 1 to 5 (District Collector, Chennai; Commissioner, Greater Chennai Corporation; Regional Deputy Commissioner; Zonal Officer Zone VII (Ambattur); Tahsildar, Ambattur Taluk) to remove encroachments made by respondents 6 to 17 causing obstructions on a 40 feet public road classified as Government Poramboke land (Pattai) comprised in T.S.No.25, Block No.20, Ward No.7(056), Ward E, Ambattur Town (old S.No.544 of Korattur Village), Ambattur Taluk, Chennai District. The Zonal Officer, Greater Chennai Corporation, filed a report dated 10.12.2025 stating that a field inspection had been conducted, encroachments identified, and notice under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998 issued to the encroachers with opportunity to submit explanation and supporting documents. Held: encroachments on public roads, if identified, cannot be permitted to subsist and the authorities are bound to remove them; the exercise to be completed within twelve (12) weeks from receipt of a copy of the order. No costs.

WP No. 37360 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-12-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

W.P. No. 37360 of 2025

M.Parvathi W/o. G. Murugesan, No. 2 Anna Nagar Mariyamal Street, Agraharam Koratturchennai 600 076.

Petitioner(s)

Vs

The District Collector Chennai Collectorate Singaravelar Maligai, 62 Rajaji Salai, Chennai 600 001.

2.The Commissioner Greater Of Chennai Corporation, Ripon Building, Chennai 600 003.

3.Regional Deputy Commissioner General Door No. 36b Second Cross St, Pullaavenue Shenoy Nagar, Chennai 600 030.

4.Znal Officer Zone VII (Ambattur) Thirualuvar High Road, Chennai 600 053.

5.Tahsildar

O/o. Ambattur Taluk, Ambatur, Chennai 600 053.

6.Devagi

S/o. Elumalia, Kandigai Street, Koratur, Chennai 600 076.

7.Subramani S/o. Kaliyapurmal Kandigai Street, Koratur, Chennai 600 076.

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

WP No. 37360 of 2025

8.Vijayakumar S/o. Ramu, Kandigai Street, Koratur, Chennai 600 076.

9.Noorul Syed Abthahir Kandigai Street, Koratur, Chennai 600 076.

10.Mohanambal W/o. Anthonysamy, Kandigai Street, Koratur, Chennai 600 076.

11.Anthonysamy S/o. Michael, Kandigai Street, Koratur, Chennai 600 076.

12.Sadaiyian S/o. Subramnai, Kandigai Street, Koratur, Chennai 600 076.

13.Selvi

W/o. Ramu, Kandigai Street, Koratur, Chennai 600 076.

14.K Ravi S/o. Kailasanaicker, Kandigai Street, Koratur, Chennai 600 076.

15.Kalyani

W/o. Sriramulu, Kandigai Street, Koratur, Chennai 600 076.

16.Jeyabhoosanam D/o. Vnekatesan, Kandigai Street, Koratur, Chennai 600 076.

17.Ezhil Kandigai Street, Koratur, Chennai 600 076.

Respondent(s)

PRAYER

The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents 1 to 5 to remove the encroachment made by the respondents 6 to 17 causing obstructions on the 40 feet public road classified as Government Poramboke land (Pattai ) comprised in T.S.No. 25 Block No. 20 Ward No. 7 (056) Ward E Ambattur Town (old S.No. 544 of Korattur village ) Ambattur Taluk, Chennai District.

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

WP No. 37360 of 2025

For Petitioner(s): Mr. P. Elayaraj Kumar For Mr.R.Krishnan For Respondent(s): Mr. T.Arunkumar Additional Government Pleader For R1 and 5

Mr. Mr.E.C. Ramesh Standing Counsel for R2 to R4

ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.)

The present Writ Petition has been filed for the issuance of a Writ of Mandamus directing the respondents 1 to 5 to remove the encroachment made by the respondents 6 to 17 causing obstructions on the 40 feet public road classified as Government Poramboke land (Pattai ) comprised in T.S.No.25, Block No. 20 Ward No. 7 (056), Ward E Ambattur Town (old S no. 544 of Korattur Village ) Ambattur Taluk, Chennai District.

With reference to the relief sought for in the present Writ Petition, the Zonal Officer, Greater Chennai Corporation, has filed a report dated 10.12.2025 stating that a field inspection has been conducted and encroachments have been identified. Notice under Section 128 of Tamil Nadu Urban Local Bodies Act, 1998, has been issued to the encroachers, affording an opportunity to submit their explanation along with supporting documents, if any. Upon receipt of such explanation or documents, the competent authority will consider the same and thereafter, take a final decision regarding the initiation of enforcement action for the removal of encroachments from the public road.

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

WP No. 37360 of 2025

It is needless to state that encroachments on public roads, if any identified, cannot be permitted to subsist, and the authorities are bound to remove the same. The said exercise is directed to be completed with in a period of twelve (12) weeks from the date of receipt of a copy of this order.

Accordingly, this Writ Petition is disposed of. There shall be no order as to

costs.

(S.M. SUBRAMANIAM, J.) (C. KUMARAPPAN, J.) 10-12-2025

Asi Index :Yes Internet :Yes

To

1.The District Collector, Chennai Collectorate, Singaravelar Maligai, ,62 Rajaji Salai, Chennai 600 001.

2.The Commissioner, Greater Of Chennai Corporation, Ripon Building, Chennai 600 003.

3.The Regional Deputy Commissioner General Door No. 36B Second Cross St, Pullaavenue Shenoy Nagar, Chennai 600 030.

4.The Zonal Officer Zone VII Ambattur Thirualuvar High Road, Chennai 600 053.

The Tahsildar O/o. Ambattur Taluk, Ambatur, Chennai 600 053.

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

WP No. 37360 of 2025

S. M. SUBRAMANIAM, J. and C. KUMARAPPAN, J.

Asi

W.P. No. 37360 of 2025

10-12-2025

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