Disposed

Lion.G.Devarajan v. The Additional Chief Secretary

Madras HC16 Feb 2026WP/13180/2021

Case brief

AI extract

What is this about?

Petitioner sought mandamus for survey, eviction of encroachments, demolition of constructions and restoration of land in Sembium Village alleged to be a pond and poramboke. The Collector's status report showed the land classified as Ryotwari Manai, not water body. The Court found no further adjudication on eviction arose and disposed of the writ petition without costs.

What the court decided

AI extract

Lion.G.Devarajan Vs The Additional Chief Secretary — Municipal and Town Planning | Madras HC (2026)

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WP No. 13180 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16-02-2026

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CORAM

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THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN

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WP No. 13180 of 2021

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Lion.G.Devarajan S/o (late) J. Gopalakrishnan 25/12, Sthiyanarayanan St Sembium Chennai 11

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..Petitioner(s)

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The Additional Chief Secretary Commissioner of Land Reforms Commissionerate of Land Reforms, Ezhilagam Chepauk, Chennai – 600 005

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The Commissioner (FAC) Commissionerate of Land Adminstration, 2nd Floor, Ezhilagam Chepauk Chennai 05

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The District Collector 62, Rajaji Salai Fourth Floor Chennai 1

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The Member Secretary The Chennai Metropolitan Development Authority Thalamuthu Natarajan Maaligai No. 1 Gandhi Irwin Road Egmore Chennai 08

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The Thasildar Perambur Taluk Office Perambur High Road Perambur Chennai 011

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The Commissioner Greater Chennai Police Commissioner office Vepery Chennai 7

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The Inspector of police K9 Thiru VI. Ka Nagar Police station (Law and order) Sembium Chennai 11

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WP No. 13180 of 2021

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The Inspector of Police CCB-16 Greater Chennai Police Commissioner office Vepery Chennai 7

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The Commissioner Greater Chennai Corporation Ripon Building Chennai 03

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The Zonal officer (Zone6) Greater Chennai Corporation Ayanavaramm Chennai 23

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The Assistant Engineer (Ward68) Greater Chennai Corporation Perambur Chennai 11

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The Managing Director Chennai Metropolitan Water supply and Sewerage Board Pumping station Road Chennai 2

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The Area Engineer (AreaIV) Chennai Metropolitan Water supply and Sewerage Board MKB Nagar Chennai 39

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The Assistant Engineer (Depot No. 68) Chennai Metroplitan water supply and Seqerage Board perambur chennai 11

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The Managing Director Tamil Nadu Generation and Distribution Corporation Limited 10th Floor, NPKRR Maaligai 144 Anna Salai Chennai 02

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The Assistant Engineer (Perambur) Tamil Nadu Generation and Distribution corporation LImited paper mills lane perambur chennai 11

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The Inspector of General Inspector General of Registration 100, Santhome High Rd, Raja Annamalai Puram Chennai 28

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18. The Chief Manager

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WP No. 13180 of 2021

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Syndicate Bank Asset recovery Management Branch Sic Building 1st Floor 38 Anna Salai Chennai 2

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India Infoline Finance Limited (IIFL HFC) 12-A 10, 13th Floor Parinee Crescenzo C-38 and C-38, G Block Behind MC Bandra Kurla Complex Bndra East Mumbai 400 051

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N.Gayathri 18 Suresh Nagar Main Road Valasaravakkam Chennai 87

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BR. Ethiraju 26/2 Thukkaram 2nd Street T. Nagar, Chennai 17

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B. Purushothaman New No. 25/ Old No. C-508 8th street Periyar Nagar, Chennai 82

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P. Mageswari New No. 25/Old No. C-508 8th street Periyar nagar chennai 82

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..Respondent(s)

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To direct all Government respondents to consider and thereby disposing the Representation made by petitioner on 30.04.2019, 20.04.2020, 27.05.2020 and 18.02.2021 and directing the respondents to conduct the survey and to evict the all type of encroachments in Perambur Taluk, Sembium Village Ward 001, Block No. 22,Old Survey number 116 / Part, 116/2 Part, 112 Part, 106/1Part and 106/5 (New) Survey No. 46/0, Survey No. 47/0, Survey No. 48/0 Survey No. 45/1 (Kuttai) Survey No. 45/2 Survey No. 45/3 Survey No. 45/4 Survey No. 45/5 Survey No. 45/6, Survey No. 45/7 Survey No. 45/8, Survey No. 45/9, Thilainayagam 2nd street totally measuring

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WP No. 13180 of 2021

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48960 Sq. ft out of totally measuring an extent of 6,00,00,000 Sq. ft nearly 100 Acers to 150 Acers, in revenue record is muted as Pond and Government Proamboke Land, Kuttai and also find the superstructures put upon by them are authorized/ unauthorized/ deviated, necessary and immediate steps shall be taken in accordance with law to demolish the offending construction and may also disconnect the metro water and sewage, electricity connections thereby evict all types of encroachments and restore as it lake manner.

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WP No. 13180 of 2021

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For Petitioner(s):	Lion.G.Devarajan [ P - in - P ]
For Respondent(s):	MR.T.Arun Kumar, AGP for R1 to R3, R5 to R8 & R17. Ms.S.Mridula Royan, S Standing Counsel for CMDA for R4. Mr. S. Gopinathan, Standing Counsel for GCC for R9 to R11. Mr.N.Paul Sunder Singh, Standing Counsel for (CMWSSB) for R12 to R14. Mr.Harish Kumar.G.R. for Mr.T.S. Rajamohan, for R22 & R23. No Appearance for R15,R16,R18 & R19. R20 & R21 - Not ready in notice.

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O R D E R

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(Order of the Court was made by S.M.Subramaniam J.)

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Writ of Mandamus has been instituted to direct the respondents to

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conduct survey in Perambur Taluk, Sembium Village. Ward 001, Block No. 22,Old Survey number 116 / Part, 116/2 Part, 112 Part, 106/1Part and 106/5

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(New) Survey No. 46/0, Survey No. 47/0, Survey No. 48/0 Survey No. 45/1

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WP No. 13180 of 2021

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(Kuttai) Survey No. 45/2 Survey No. 45/3 Survey No. 45/4 Survey No. 45/5 Survey No. 45/6, Survey No. 45/7 Survey No. 45/8, Survey No. 45/9, Thilainayagam 2nd street, totally measuring 48960 Sq. ft., out of totally measuring an extent of 6,00,00,000 sq. ft nearly 100 Acers to 150 Acers, in revenue record, which is muted as Pond and Government Poramboke Land, Kuttai and the superstructures therein, which are authorized/ unauthorized/ deviated and to take necessary and immediate steps in accordance with law and to demolish the offending construction and to disconnect the metro water and sewage, electricity connections and to evict all types of encroachments and restore it as lake.

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The Collector of Chennai has filed a status report in respect of the subject property and the details as well as the classification are stated in paragraph Nos. 5 and 6 of the status report, which reads as under:

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5. It is respectfully submitted that on perusal of the computerized Town Survey Land records shows that the aforesaid lands (Subject properties) are registered in the following names to the extent noticed against each and the state on ground of the land during the joint inspection is submitted below

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Village Sembium

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Block No.22

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Sl. No.	_T.S.No. _	Old S.No Classification	Extent Sq.Metre s	Name of the Registered holder	Land Usage	State on ground during Joint Inspection
1.	45/1	116/1 part 2 part Ryotwari	6796.50	Balakrishna Tawker	Kuttai	Vacant & 104 Nos. Pucca Houses

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WP No. 13180 of 2021

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2.	45/2	Manai 116/1 part 116/2 part Ryotwari Manai	882.00	Savithiri and 11 others	Vacant	Vacant
3.	45/3	116/1 part 116/2 part Ryotwari Manai	1246.00	Kalaivani and 16 others	Vacant	Vacant
4.	45/4	116/1 part 116/2 part Ryotwari Manai	1339.50	Kalaivani and 16 others	Vacant	Vacant
5.	45/5	116/1 part 116/2 part Ryotwari Manai	293.00	Savithiri and 11 others	Vacant	Vacant
6.	45/6	116/1 part 116/2 part Ryotwari Manai	88.00	Ethiraj	Vacant and Houses	Vacant
7.	45/7	116/1 part 116/2 part Ryotwari Manai	95.50	Ethiraj	Vacant and compound wall	House
8.	45/8	116/1 part 116/2 part Ryotwari Manai	148/50	Savithiri and 11 others	Vacant	Vacant
9.	45/9	116/1 part 116/2 part Ryotwari Manai	486.50	Savithiri and 11 others	Vacant	Vacant
10.	45/10	116/1 part 116/2 part Ryotwari Manai	131.50	Mohammed Arif	Building	1 Pucca House
11.	45/11	116/1 part Ryotwari Manai	61.0	Dilavar Shila	Building	1 Pucca House
12.	45/12	Ryotwari Manai	98.0	V.Purushothaman	Building	1 Pucca House
13.	45/13	116/1 part 116/2 part Ryotwari Manai	113.0	Raja and 2 others	Building	1 Pucca House
14.	46	116/1 pt, 2 pt 112pt.106/5 pt. Circar Poromboke	2128.00	…	Hospital A.E. Office	Corporation Hospital & Ward 68 AE Office
15.	47	116/1 pt. 112 pt. 106/7 106/1 pt. 108 Circar	4700.00	….	Corporation o Chennai	f 1. 8 Nos.Pucca Houses encroachments 2. School-encroachment 3. Temple-encroachment 4. Public Library 5.Public toilet 6. Amma Canteen

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WP No. 13180 of 2021

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	Poromboke				7. Corporation Aided School.
16. 48	116/1 part 2 part 115 participated Circar Poromboke	305.00	Balakrishna Tawker	Thillainayaga m pillai 2^nd Lane	Thittainaagam pillai 2^ndLane street
Ryotwari Ma	nia Extent	12083.5
Sarkar Poro	mboke Extent	6828.00
Grand total		18911.5

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As per the land records available in the taluk office Perambur, the total extent involved in the subject property is only 1.8508 Hectares which is equivalent to 4.57 acres only. Besides this, the portion of land that stands classified as “Kuttai” is comprised in Old. S.No.116/1 which correlates to T.S.No.45/1 of Block No.22 of Sembium Town.

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6. It is submitted that settlement Register pertaining to the year 1875 reveals that old S.No.116 is registered in the name of Krishnaji Tawker. It is respectfully submitted that old Village Resettlement Registers pertaining to the year 1911 reveals that Old S.No.116/1 which coorelates to T.S.No.45/1 of Block No.22 of Sembium Town is originally a Ryotwari Manai and stands registered in the name of Krishnaji Tawker. Subsequently, after subdividing the land pattas were issued by the then Tahsildars based on the documents submitted by the land owners. Though he land usage in Town Survey Land records ( c&uh) is earmarked as “Kuttai”, it is presumed that the “Kuttai” might have been used as waterbody for residential purpose which is situated in the Ryotwari Manai classification and not a Waterbody in a Government Poramboke land.

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WP No. 13180 of 2021

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Though the usage of the said land is furnished as “Kuttai”, the said land stands classified as “Ryotwari manai” and was under the possession of Balakrishna Tawker and registered in his name in the Town Survey Land Records (Land Records pertaining to the year 1875, 1911 and Fair Land Register are enclosed)

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In view of the above report of the Collector, it is made clear that the

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subject property is classified as “Ryotwari Manai” and not classified as water body. That being the report given based on the revenue records, no further adjudication regarding eviction would arise and consequently, the Writ Petition stands disposed of. No costs.

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(S.M.S.,J.) (C.K.,J.) 16-02-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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VSI

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The Additional Chief Secretary Commissioner of Land Reforms Commissionerate of Land Reforms Ezhilagam Chepauk Chennai 05

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The Commissioner (FAC) Commissionerate of Land Adminstration 2nd Floor, Ezhilagam Chepauk Chennai 05

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The District Collector

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62, Rajaji Salai Fourth Floor Chennai 1

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The Member Secretary The Chennai Metropolitan Development Authority Thalamuthu Natarajan Maaligai No. 1 Gandhi Irwin Road Egmore Chennai 08

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WP No. 13180 of 2021

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The Thasildar

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Perambur Taluk Office Perambur High Road Perambur Chennai 011

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The Commissioner Greater Chennai Police Commissioner office Vepery Chennai 7

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The Inspector of police K9 Thiru VI. Ka Nagar Police station (Law and order) Sembium Chennai 11

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The Inspector of Police CCB-16 Greater Chennai Police Commissioner office Vepery Chennai 7

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The Commissioner Greater Chennai Corporation Ripon Building Chennai 03

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The Zonal officer (Zone6) Greater Chennai Corporation Ayanavaramm Chennai 23

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The Assistant Engineer (Ward68) Greater Chennai Corporation Perambur Chennai 11

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The Managing Director Chennai Metropolitan Water supply and Sewerage Board Pumping station Road Chennai 2

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The Area Engineer (AreaIV) Chennai Metropolitan Water supply and Sewerage Board MKB Nagar Chennai 39

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The Assistant Engineer (Depot No. 68) Chennai Metroplitan water supply and Seqerage Board perambur chennai 11

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The Managing Director Tamil Nadu Generation and Distribution Corporation Limited 10th Floor, NPKRR Maaligai 144 Anna Salai Chennai 02

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The Assistant Engineer (Perambur) Tamil Nadu Generation and Distribution corporation LImited paper mills lane perambur chennai 11

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The Inspector of General Inspector General of Registration 100, Santhome High Rd, Raja Annamalai Puram Chennai 28

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WP No. 13180 of 2021

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The Chief Manager

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Syndicate Bank Asset recovery Management Branch Sic Building 1st Floor 38 Anna Salai Chennai 2

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India Infoline Finance Limited (IIFL HFC) 12-A 10, 13th Floor Parinee Crescenzo C-38 and C-38, G Block Behind MC Bandra Kurla Complex Bndra east Mumbai 400 051

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WP No. 13180 of 2021

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S.M.SUBRAMANIAM J. AND C.KUMARAPPAN J.

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vsi

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WP No. 13180 of 2021

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16-02-2026

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

Lion.G.Devarajan v. The Additional Chief Secretary

Case brief

What is this about?

What the court decided

Lion.G.Devarajan v. The Additional Chief Secretary

Case brief

What is this about?

What the court decided

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