C.M.Sivababu Vs The Director — Writ and Judicial Review | Madras HC (2026)

C.M.Sivababu Vs The Director — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Directions issued: the Authorities to proceed with enforcement actions and remove the encroachments following statutory procedures and Rules; the Municipality to act on the Revenue Authorities' report; completion within twelve weeks of receipt of the order; liberty to the 4th respondent to submit explanation/documents. No costs.

Issue for consideration

Whether a writ of mandamus should issue directing respondents 2 and 3 to remove the encroachments in Santhai Medu (measuring 9 Acres and 66 cents, T.S.No.1891, Sub-Division No.1B, Block No. 35, Ward No.04, Tiruvannamalai Town) in accordance with law and maintain the land free from encroachments. +1 more

Court's answer

If the 4th respondent maintains that there is no encroachment, he is at liberty to submit his explanation and/or documents to defend his case; per contra, as the Authorities have found encroachments identified, they are bound to proceed accordingly.

Ratio / Principle

The Authorities are bound to proceed with the enforcement actions and remove the encroachments by following the procedures contemplated under the statute and Rules.

Key takeaways

The Municipality has to initiate all appropriate actions based on the report of the Revenue Authorities.ratio¶33
The entire exercise of enforcement and removal shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of the order.ratio¶33

Detailed headnote1 paragraphs

Madras High Court (S.M. Subramaniam J., authoring, with K. Surender J.) disposed of a writ petition under Article 226 seeking a writ of mandamus to direct respondents 2 and 3 to remove encroachments in Santhai Medu, Tiruvannamalai Town (9 Acres 66 cents, T.S.No.1891/1B, Block 35, Ward 04). Per the Additional Government Pleader, a Revenue inspection and survey identified encroachments on the Government Poramboke land, including by the 4th respondent animal shelter claiming licensee status without assignment; its counsel denied encroachment. The Court held the Authorities bound to proceed with enforcement and removal per statute and Rules, directed the Municipality to act on the Revenue report, fixed a twelve-week completion timeline from receipt of the order, and granted the 4th respondent liberty to submit explanation/documents. Petition disposed of without costs.

2026:MHC:1419

WP No. 16699 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-04-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE K. SURENDER

WP No. 16699 of 2022

C.M.Sivababu

..Petitioner

Vs

The Director, Municipal Administration, Santhome, Chennai 600028.

The District Collector, Vengikkal, Tiruvannamalai.

The Commissioner, Tiruvannamalai Municipality, Thirukovilur Road, Tiruvannamalai 606601.

M/s.Arunachala Animal Sanctuary and Rescue Shelter Chengam Road, Tiruvannamalai.

M/s.Thuimal Arunai, Santhaimedu, Tiruvannamalai.

..Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd and 3rd respondent to remove the Encroachments in Santhai Medu, measuring an extent of 9 Acres and 66 cents comprised in T.S.No.1891, Sub-Division, No.1B, Block No. 35, Ward No.04 at Tiruvannamalai Town, Tiruvannamalai District in accordance with law

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WP No. 16699 of 2022

and maintain the same free from any encroachments in view of the petitioner’s representation dated 02.03.2022 .

For Petitioner : Ms.Paarkavi TV for Mr.J.Ashok For Respondents : Mr. R.Neethiperumal, Govt. Advocate for R1 Mr.T.Arunkumar, Addl. Govt. Pleader for R2 Mr.M.Gnanasekar for R4 R3 and R5 – No appearance

Order

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

The Writ of Mandamus has been instituted to direct the respondents 2 and 3 to remove the encroachments in Santhai Medu, measuring an extent of 9 Acres and 66 cents comprised in T.S.No.1891, Sub-Division, No.1B, Block No. 35, Ward No.04 at Tiruvannamalai Town, Tiruvannamalai District in accordance with law and maintain the same free from any encroachments in view of the petitioner’s representation dated 02.03.2022 .

2. The learned Additional Government Pleader would submit that the Revenue Authorities conducted inspection and survey and identified encroachments in the Government Poramboke land. The 4^th respondent claims to be a licensee to run animal shelter, but he has encroached upon the Government land without any assignment. Therefore, all enforcement actions will be initiated.

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WP No. 16699 of 2022

3. The learned counsel for the 4^th respondent would submit that there is no encroachment.

4. If so, he is at liberty to submit his explanation/ documents, if any, to defend his case. Per contra, the Authorities found that the encroachments are identified. Therefore, they are bound to proceed with the enforcement actions and remove the encroachments by following the procedures as contemplated under the statute and Rules. The Municipality has to initiate all appropriate actions based on the report of the Revenue Authorities. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order

5. With the above directions, this Writ Petition stands disposed of. No

costs.

(S.M.S.,J.) (K.S.,J.) 06-04-2026

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

DSA

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WP No. 16699 of 2022

To

The Director, Municipal Administration, Santhome, Chennai 600028.

The District Collector, Vengikkal, Tiruvannamalai.

The Commissioner, Tiruvannamalai Municipality, Thirukovilur Road, Tiruvannamalai 606601.

M/s.Arunachala Animal Sanctuary and Rescue Shelter Chengam Road, Tiruvannamalai.

M/s.Thuimal Arunai, Santhaimedu, Tiruvannamalai.

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WP No. 16699 of 2022

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

DSA

WP No. 16699 of 2022

06-04-2026

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