Disposed¶40

B.Usharani v. the District Collector

Madras HC3 Apr 2025WP/4601/2025

Case brief

AI extract

What is this about?

Madras High Court; W.P. No.4601 of 2025; Article 226; writ of mandamus; encroachment removal; Lake, Kalangal and Canal; waterbody protection and restoration; Solavaram Village; Ponneri Taluk; Thiruvallur District; District Collector; Tahsildar; Block Development Officer; Solavaram First Grade Panchayat; Survey Nos.624, 625, 481, 484, 488; Tahsildar instructions dated 2.4.2025; two sketches; no encroachments found; lands used as approaches; mango trees; representation dated 26.11.2024; survey in petitioner's presence; petition disposed; no order as to costs; K.R. Shriram Chief Justice; Mohammed Shaffiq J.

What did the court decide?

No substantive relief; the petition was disposed of on the Tahsildar's report that there were no encroachments, and there shall be no order as to costs. ¶40

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

What the court decided

AI extract

Outcome

No substantive relief; the petition was disposed of on the Tahsildar's report that there were no encroachments, and there shall be no order as to costs.

¶40

Issue for consideration

Whether the respondents should take action on the petitioner's representation dated 26.11.2024, remove the alleged encroachments in the Lake, Kalangal and Canal comprised in S.Nos.624, 625, 481, 484 and 488 of Solavaram Village, Ponneri Taluk, Thiruvallur District, and whether the 4th respondent should restore and maintain the waterbodies. +1 more

¶24

Ratio / Principle

Reading the first sketch pertaining to Survey Nos.481, 484 and 488, it appeared that none of those survey numbers had been encroached upon, except that there were some mango trees growing here and there.

¶33

Key takeaways

It was stated that Survey No.481 had been used for agricultural activity, but for the moment nobody was carrying out agricultural activity there.obiter¶33
Per the second sketch pertaining to Survey Nos.624 and 625, there were no encroachments and the lands were being used as approaches.ratio¶34
Since the report said there were no encroachments, the Court disposed of the writ petition, with no order as to costs.ratio

Detailed headnote1 paragraphs

Writ petition under Article 226 (W.P. No.4601 of 2025, High Court of Judicature at Madras; order dated 03.04.2025 by K.R. Shriram, CJ., with Mohammed Shaffiq, J.). Petitioner B. Usharani sought a writ of mandamus directing the 1st respondent (District Collector, Thiruvallur) to take appropriate action on her representation dated 26.11.2024 and to remove the encroachment made in the Lake, Kalangal and Canal comprised in S.Nos.624, 625, 481, 484 and 488 of Solavaram Village, Ponneri Taluk, Thiruvallur District, and consequently to direct the 4th respondent (Secretary, Solavaram First Grade Panchayat) to restore and maintain them. At the hearing, the State (through A. Edwin Prabakar, State Government Pleader, assisted by Habeeb Rahman, Government Advocate) tendered the Tahsildar's instructions dated 2.4.2025 with two sketches: the first (Survey Nos.481, 484 and 488) showed no encroachment apart from some mango trees, with S.No.481 previously used for agriculture but presently uncultivated; the second (Survey Nos.624 and 625) showed no encroachments, the lands being used as approaches. Petitioner's counsel (S. Shamuga Sundaram for S. Senthilnathan) questioned the authenticity of the sketches; the State stated the survey was done in the petitioner's presence. Since the report said there were no encroachments, the Court disposed of the petition with no order as to costs.

¶1

W.P. No.4601 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 03.04.2025

¶4

CORAM :

¶5

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

¶6

AND

¶7

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ

WP No.4601 of 2025

B.Usharani

Petitioner(s)

The District Collector Office of the Collector of Thiruvallur, Thiruvallur, Thiruvallur District.

¶13

The Tahsildar

¶14

Ponneri Taluk, Thiruvallur District.

¶15

The Block Development Officer (Block Panchayats), Commissioner G.N.T. Road, Solavaram, Chennai-600 067.

¶16

The Secretary Solavaram First Grade Panchayat, Old Library Road, Solavaram, Chennai-600 067.

¶17

5.P.Anandavalli

¶18

6.N.Sivagami 7.A.H.Gayathri 8.V.C.Agilan

¶19

___________ Page 1 of 5_

¶20

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

¶21

W.P. No.4601 of 2025

¶22

9.A.Kokila 10.Sadhanandan 11.Samtha Devi Bagrocha 12.Sanju Bagrocha 13.Santhosh Bagrocha 14.Bindu Bagrocha 15.Madanlal Bagrocha 16.Balan 17.Surendar Kanvar Bothra 18.Vineetha Kanvar 19.M.Saroja 20.D.Anjana 21.Quili Chand Bagmar 22.M.P.Ethiraj 23.Samer Chand Chordia Jain

¶23

Respondent(s)

¶24

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing 1^st respondent to take appropriate action on the representation sent by petitioner dated 26.11.2024 and to remove the encroachment made in the Lake, Kalangal and Canal comprised in S.Nos.624, 625, 481, 484 and 488 of Solavaram Village, Ponneri Taluk, Thiruvallur District and consequently direct 4th respondent to restore the Lake, Kalangal and Canal and maintain the same.

¶25

For Petitioner(s): Mr.S.Shamuga Sundaram for Mr.S.Senthilnathan

¶26

For Respondent(s): Mr.A.Edwin Prabakar, State Government Pleader assisted by Mr.Habeeb Rahman, Government Advocate for R1 to R4

¶27

___________ Page 2 of 5_

¶28

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

¶29

W.P. No.4601 of 2025

¶30

ORDER

¶31

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

¶32

Mr.Prabakar tenders instructions dated 2.4.2025 received by him from the Tahsildar to which are annexed two sketches. The first pertains to Survey Nos.481, 484 and 488; and the second one pertains to Survey Nos.624 and 625.

¶33

From the first sketch, it appears that none of the survey numbers have been encroached upon except that there are some mango trees growing here and there. It is stated that Survey No.481 was used for agricultural activity, but for the moment there is nobody carrying out agricultural activity.

¶34