✦ High Court of India · 12 Dec 2025

High Court · 2025

Case Details High Court of India · 12 Dec 2025
Court
High Court of India
Decided
12 Dec 2025
Bench
Not available
Length
1,471 words

Acts & Sections

W.P.No.12858 of 2021IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 12.12.2025CORAM :THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICEANDTHE HONOURABLE MR.JUSTICE G.ARUL MURUGANW.P.No.12858 of 2021Lion G.Devarajan ..PetitionerVs.1. The Additional Chief Secretary / Commissioner of Land Reforms Commissionerate of Land Reforms Ezhilagam, Chepauk Chennai 600 005.2. The Commissioner (FAC) Commissionerate of Land Administration 2nd Floor, Ezhilagam, Chepauk Chennai 600 005.3. The District Collector 62, Rajaji Salai Fourth Floor, Chennai-1.4. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu-Natarajan Maaligai No.1, Gandhi Irwin Road, Egmore Chennai 600008.__________Page 1 of 11 https://www.mhc.tn.gov.in/judis W.P.No.12858 of 20215. The Tahsildar Ayanavaram Taluk Office Palli Arasan Street, Anna Nagar Chennai 600 102.6. The Commissioner Greater Chennai Police Commissioner Office, Vepery Chennai 7.7. The Inspector of Police K5 Peravallur Police Station (Law and Order) Siva Elango Salai, Periyar Nagar Chennai 600 082.8. The Commissioner Greater Chennai Corporation Ripon Building Chennai 600 003.9. The Executive Engineer (Zone 6) Greater Chennai Corporation No. 158, Strahans Road, Otteri Chennai 600 012.10.The Assistant Executive Engineer (Unit 15) Greater Chennai Corporation,(Division Office) SRP Koil Street (South), Agaram Chennai -82.11.The Assistant Engineer (Ward 67) Greater Chennai Corporation,(Division Office) SRP Koil Street (South), Agaram Chennai 82.12.The Managing Director Chennai Metropolitan Water Supply and Sewerage Board Pumping Station Road Chennai -2.__________Page 2 of 11 https://www.mhc.tn.gov.in/judis W.P.No.12858 of 202113.The Assistant Engineer (Depot No.67) Chennai Metropolitan Water Supply and Sewerage Board No.27 Loco works Road, Agaram Chennai 82. 14.The Area Manager (Area VI) Chennai Metropolitan Water Supply and Sewerage Board Vadivel Street, Perambur Chennai -1115.The Managing Director Tamilnadu Generation and Distribution Corporation (TANGEDCO) 10th Floor, 144, Anna Salai Chennai 600 002.16.The Assistant Engineer (Periyar Nagar) Tamilnadu Generation and Distribution Corporation Limited (TANGEDCO) Periyar Nagar, Chennai 82.17.The Inspector of General Inspector General of Registration 100, Santhome High Rd Raja Annamalai Puram, Chennai 28.18.The Chairman Tamil Nadu Slum Clearance Board No.5, Kamaraj Salai Chennai 600005.19.City Cooperative Housing Society Ltd. Rep. by its President Periyar Nagar, Chennai -8220.Retired Defence Employees Association Rep. by its President Chennai 600 099.__________Page 3 of 11 https://www.mhc.tn.gov.in/judis W.P.No.12858 of 202121.Ex-Servicemen Association Rep. by its President No.405, Suresh Block, Chitra Avenue No.9, Choolaimedu High Road Chennai 600094.22.The Revenue Divisional Officer Central Chennai Revenue Division (Ambattur Revenue Division) Anna Nagar West Extn., Chennai - 101. 23.The Regional Deputy Commissioner Central Zone, Shenoy Nagar Aminjikarai, Chennai – 30.24.The Senior Planner (Enforcement Cell) Chennai Metropolitan Development Authority Chennai-600 008...Respondents[R22 to R24 suo-motu impleaded videorder dated 18.06.2021]Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing all Government Respondents to consider and thereby disposing the representation made by petitioner on 14.08.2018, 01.03.2020, 06.06.2020, 18.02.2021 and 07.06.2021 for to remove the encroachment Ayanavaram Taluk, Ayanavaram Village and Peravallur Village (1) PERAVALLUR ERI -Block No. 0032 Survey No.1 Sub Division 0 Old Survey No.382/1, measuring an extent of Hectare 45. Ares 9 / Sq. Meter 16.0 (2) PERAVALLUR ERI Block No. 0032 Survey No.2 Sub Division 0 Old Survey No.382/2, measuring an extent of Hectare 1/ Ares 5/ Sq. Meter 92.0 (3) PERAVALLUR ERI - Block No. 0032 Survey No.3 Sub Division 0 Old Survey No.379, 380, 381, measuring an extent of Hectare 9 / Ares 19 / Sq. Meter 0.0. (4) __________Page 4 of 11 https://www.mhc.tn.gov.in/judis W.P.No.12858 of 2021PERAVALLUR ERI -Block No. 0032 Survey Field No.99 Sub Division 0 measuring an extent of Hectare 0 Ares 0 / Sq. Meter 93.0. (5) GOVERNMENT PORAMBOKE LAND Block No. 0002 Survey No.1 Sub. Division 0 measuring an extent of Hectare 0 / Ares 4 / Sq. Meter 85.0 (KULAM) (6) GOVERNMENT PORAMBOKE LAND Block No. 0002 Survey No.8 Sub. Division 0 measuring an extent of Hectare 14 / Ares 72 / Sq. Meter 86.5 until other survey numbers, measuring an extent of nearly 250 Acres to 350 Acres of PERAVALLUR ARI and other land in revenue record stated as GOVERNMENT PORAMBOKE LAND, KULAM finds that 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 the all types of encroachments and restore as it lake manner. For Petitioner :Mr.G.DevarajanParty-in-PersonFor Respondents :Mr.E.Vijay AnandAdditional Government Pleaderfor R1 to R3, R5 to R7, R17 & R22Mr.E.C.RameshStanding Counsel for R8 to R11Mr.Paul Sundar Singh for R12 to R14Mr.S.Karthikeyan Standing Counsel for R18__________Page 5 of 11 https://www.mhc.tn.gov.in/judis W.P.No.12858 of 2021ORDER(Order of the Court was made bythe Hon'ble Chief Justice)In response to petitioner’s allegation of encroachment of lands recorded as Peravallur Eri, reply of 22nd respondent discloses that huge tract of land was earlier allotted to City Co-operative Housing Site Distribution Society Limited and to the Tamil Nadu Slum Clearance Board for eventual allotment of plots for the purpose of construction of houses. These allotments were made long back and almost five decades before. Therefore, at this stage, no exception can be taken to development of those sites as housing sites.2. In the said affidavit, in paragraph 8, it has been clearly stated that apart from the land allotted to the Housing Society and Board, certain parts of the land on either side of GKM Colony, 9th Street, Karunanidhi Salai, are maintained as Vannan Kulam, wherein, there are certain encroachments in T.S.No.8, Part of Block No.2 of Ayanavaram Village. A portion of Vannan Kulam, on the eastern side of GKM Colony, 9th Street, Karunanidhi Salai is fully __________Page 6 of 11 https://www.mhc.tn.gov.in/judis W.P.No.12858 of 2021encroached, leaving the road extensions of GKM Colony 6th to 8th streets. The western side of GKM Colony, 9th Street, Karunanidhi Salai is being encroached by filling the said Kulam with debris.It is further stated that some of the persons claiming right over the land, which is otherwise Vannan Kulam land, and stating that it cannot be allotted to anyone, have also approached this Court and some writ petitions and intra-level appeals before the department, at various stages, are pending.3. In view of the statement so made by learned counsel for 22nd respondent, it is clear that certain lands, which are classified as Vannan Kulam, are under encroachment, though some claims have been made and petitions are pending.4. Leaving those cases where interim order is operating, it is directed that all encroachments shall be removed at the earliest, under the joint operation of the Revenue Department, Slum Clearance Board and Corporation. For this purpose, Additional Chief Secretary, Commissioner of Land Administration is directed to __________Page 7 of 11 https://www.mhc.tn.gov.in/judis W.P.No.12858 of 2021constitute a Committee of Senior Officials of the three departments, which shall oversee the operation for removal of encroachments that will be initiated on war footing basis and ensure that all encroachments are removed.5. With the aforesaid direction, this petition is disposed of. There shall be no order as to costs. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 12.12.2025 Index: Yes/NoNeutral Citation:Yes/NokplTo1. The Additional Chief Secretary/ Commissioner of Land Reforms Commissionerate of Land Reforms Ezhilagam, Chepauk, Chennai 600 005.2. The Commissioner (FAC) Commissionerate of Land Administration 2nd Floor, Ezhilagam, Chepauk, Chennai 600 005.3. The District Collector 62, Rajaji Salai, Fourth Floor, Chennai-1.__________Page 8 of 11 https://www.mhc.tn.gov.in/judis W.P.No.12858 of 20214. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu-Natarajan Maaligai No.1, Gandhi Irwin Road, Egmore, Chennai 600008.5. The Tahsildar Ayanavaram Taluk Office Palli Arasan Street, Anna Nagar, Chennai 600 102.6. The Commissioner Greater Chennai Police Commissioner Office, Vepery Chennai 7.7. The Inspector of Police K5 Peravallur Police Station (Law and Order) Siva Elango Salai, Periyar Nagar Chennai 600 082.8. The Commissioner Greater Chennai Corporation Ripon Building, Chennai 600 003.9. The Executive Engineer (Zone 6) Greater Chennai Corporation No. 158, Strahans Road, Otteri Chennai 600 012.10.The Assistant Executive Engineer (Unit 15) Greater Chennai Corporation,(Division Office) SRP Koil Street (South), Agaram Chennai -82.11.The Assistant Engineer (Ward 67) Greater Chennai Corporation,(Division Office) SRP Koil Street (South), Agaram, Chennai 82.12.The Managing Director Chennai Metropolitan Water Supply and Sewerage Board Pumping Station Road, Chennai -2.__________Page 9 of 11 https://www.mhc.tn.gov.in/judis W.P.No.12858 of 202113.The Assistant Engineer (Depot No.67) Chennai Metropolitan Water Supply and Sewerage Board No.27 Loco works Road, Agaram, Chennai 82. 14.The Area Manager (Area VI) Chennai Metropolitan Water Supply and Sewerage Board Vadivel Street, Perambur, Chennai -1115.The Managing Director Tamilnadu Generation and Distribution Corporation (TANGEDCO) 10th Floor, 144, Anna Salai, Chennai 600 002.16.The Assistant Engineer (Periyar Nagar) Tamilnadu Generation and Distribution Corporation Limited (TANGEDCO), Periyar Nagar, Chennai 82.17.The Inspector of General Inspector General of Registration 100, Santhome High Rd Raja Annamalai Puram, Chennai 28.18.The Chairman Tamil Nadu Slum Clearance Board No.5, Kamaraj Salai, Chennai 600005.19.The Revenue Divisional Officer Central Chennai Revenue Division (Ambattur Revenue Division) Anna Nagar West Extn., Chennai - 101. 20.The Regional Deputy Commissioner Central Zone, Shenoy Nagar Aminjikarai, Chennai – 30.21.The Senior Planner (Enforcement Cell) Chennai Metropolitan Development Authority Chennai-600 008.__________Page 10 of 11 https://www.mhc.tn.gov.in/judis W.P.No.12858 of 2021THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J. (kpl) W.P.No.12858 of 2021 12.12.2025__________Page 11 of 11

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