Lion.G.Devarajan Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

Lion.G.Devarajan Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Mandamus issued: respondents 1 to 3 (District Collector, Commissioner GCC, Zonal Officer/Executive Engineer Zone 6) directed to conduct a survey, remove all encroachments and unauthorized buildings on public roads, ensure roads remain free of encroachments, and complete the exercise within twelve weeks of receiving the certified order; petition allowed with no costs.

Issue for consideration

Whether the Government respondents should dispose of the petitioner's representations and conduct a survey to evict the illegal and unauthorized constructions (temples) and encroachments on Chellappa Street, Otteri, Chennai, and restore the public road for free use.

Court's answer

Respondents 1 to 3 are directed to conduct a survey and remove all encroachments and unauthorized buildings on public roads, and to ensure that the road for public usage is maintained free from such encroachments.

Ratio / Principle

The survey-and-removal exercise is to be completed within twelve (12) weeks from the date of receipt of a copy of the order.

Key takeaways

The Writ Petition is allowed, with no costs.ratio¶43

Detailed headnote1 paragraphs

Madras High Court (S.M. Subramaniam and K. Surender, JJ.; order made by S.M. Subramaniam, J.) allowed W.P. No. 15688 of 2021 filed under Article 226 by Lion.G.Devarajan, party-in-person, who sought a Writ of Mandamus to compel disposal of his representations dated 03.08.2019, 02.11.2019 and 21.06.2021 concerning illegal and unauthorized constructions of Shri Sithi Vinayagar Temple, Manimudi Maamari Aalayam and Shri Ayyappan Sannithanam on Chellappa Street, Otteri, Chennai, and removal of encroachments obstructing the road. Holding that the encroachments remained despite the petition being instituted in 2021, the Court directed respondents 1 to 3 to conduct a survey and remove all encroachments and unauthorized buildings on public roads and maintain the road free of encroachments, completing the exercise within twelve (12) weeks from receipt of a copy of the order. Petition allowed; no costs.

2026:MHC:1089

WP No. 15688 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-03-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE K. SURENDER

WP No. 15688 of 2021

Lion.G.Devarajan

..Petitioner

Vs

The District Collector, 62, Rajaji Salai, Fourth Floor, Chennai -1.

The Commissioner, Greater corporation of Chennai, Ripon Building, Chennai-600 003.

The Zonal Officer/Executive Engineer (Zone 6) Greater Chennai Corporation, No. 158, Strahans Road, Otteri, Chennai 12.

The Assistant Engineer (Ward 75), Greater Chennai Corporation (Division Office), Venkatadri Naicken Street, Otteri, Chennai 12.

The Managing Director, Tamil Nadu Generation and Distribution Corporation Limited, 10^th Floor NPKRR Maaligai, 144, Anna Salai, Chennai – 600 002.

The Commissioner, Greater Commissioner of Police, Vepery, Chennai 600 007.

__________ Page1 of 6

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

WP No. 15688 of 2021

The Inspector of Police (Law and Order), P2 Otteri Police Station, Puthuvazhama Nagar, Jamalia, Chennai 600 012.

Shri Sithi Vinayagar Temple Chellappa Street, Otteri, Chennai 12.

Manimudi Maamari AAlayam Chellappa Street, Otteri, Chennai 12.

Shri Ayyappan Sannithanam Chellappa Street, Otteri, Chennai 12.

..Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing all Government respondents to consider and thereby dispose the Representations made by petitioner on 03.08.2019 02.11.2019 and 21.06.2021 and direct respondents to conduct survey and to evict illegal and un-authorized construction of Shri Sithi Vinayagar Temple, Manimudi Maamari Aalayam and Shri Ayyappan Sannithanam at Chennai Distirct, Otteri, Chellappa Street (ward75) and Both Side Chellappa Street Platform in accordance with law to demolish the offending construction and may also disconnect the metro water, sewage, electricity connections, thereby evict all types of encroachments and restore as it manner.

For Petitioner : Mr.Lion.G.Devarajan (party in person) For Respondents: Mr.T.Arunkumar, Addl. Govt. Pleader for R1, R6 & R7 Mr.S.Gopinathan, Standing Counsel for GCC for R2 to R4 Mr.R.Manikavel for R10 R5,R8 & R9-No appearance

__________ Page2 of 6

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

WP No. 15688 of 2021

ORDER

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

The Writ of Mandamus has been instituted to direct the respondents to consider and thereby dispose of the representations made by the petitioner on 03.08.2019 02.11.2019 and 21.06.2021 and direct the respondents to conduct survey and to evict illegal and un-authorized construction of temples in accordance with law and to demolish the offending construction and to disconnect the metro water, sewage, electricity connections, thereby evict all types of encroachments.

2. The petitioner in person would submit that some greedy persons constructed temple for their personal gains in the middle of the road. Such temples are causing obstruction for free usage of road by the road users and causing obstruction to free vehicular traffic.

3. The learned Additional Government Pleader and the learned Standing Counsel for the Corporation would submit that actions have been initiated and in progress.

4. The Writ Petition has been instituted in the year 2021. However, the encroachments are yet to be removed. Considering the facts and circumstances, the respondents 1 to 3 are directed to conduct a survey, remove all the encroachments, unauthorized buildings in public roads and

Page3 of 6

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

WP No. 15688 of 2021

ensure that the road for public usage is being maintained free from any such encroachments. The said exercise is directed to be completed within a period

of twelve (12) weeks from the date of receipt of a copy of this order.

5. Accordingly, this Writ Petition is allowed . No costs.

(S.M.S.,J.) (K.S.,J.) 12-03-2026

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

DSA

__________ Page4 of 6

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

WP No. 15688 of 2021

To

The District Collector, 62, Rajaji Salai, Fourth Floor, Chennai -1.

The Commissioner, Greater corporation of Chennai, Ripon Building, Chennai-600 003.

The Zonal Officer/Executive Engineer (Zone 6) Greater Chennai Corporation, No. 158, Strahans Road, Otteri, Chennai 12.

The Assistant Engineer (Ward 75), Greater Chennai Corporation (Division Office), Venkatadri Naicken Street, Otteri, Chennai 12.

The Managing Director, Tamil Nadu Generation and Distribution Corporation Limited, 10^th Floor NPKRR Maaligai, 144, Anna Salai, Chennai – 600 002.

The Commissioner, Greater Commissioner of Police, Vepery, Chennai 600 007.

The Inspector of Police (Law and Order), P2 Otteri Police Station, Puthuvazhama Nagar, Jamalia, Chennai 600 012.

Shri Sithi Vinayagar Temple Chellappa Street, Otteri, Chennai 12.

Manimudi Maamari AAlayam Chellappa Street, Otteri, Chennai 12.

Shri Ayyappan Sannithanam Chellappa Street, Otteri, Chennai 12.

Shri Ayyappan Sannithanam Chellappa street Otteri chennai 12

__________ Page5 of 6

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

WP No. 15688 of 2021

S.M.SUBRAMANIAM, J. AND K.SURENDER, J.

DSA

WP No. 15688 of 2021

12-03-2026

__________ Page6 of 6

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