✦ High Court of India · 29 Oct 2025

High Court · 2025

Case Details High Court of India · 29 Oct 2025
Court
High Court of India
Decided
29 Oct 2025
Bench
Not available
Length
1,752 words

Acts & Sections

W.P No.31214 of 2019IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 29.10.2025CORAM:THE HONOURABLE MR. JUSTICE M.DHANDAPANIW.P Nos.31214 of 2019, 6380, 6382, 6440 of 2020andW.M.P Nos.3135 of 2019, 7533 & 7535 of 2020W.P No.31214 of 2019P.Muniammal.....PetitionerVs1.The Chairman Tamil Nadu Electricity Board TANGEDCO No.800, Anna Salai Chennai-600 002.2.The Chief Engineer Transmission Projects-1/Chennai Tamil Nadu Electricity Board TANGEDCO, 3rd Floor 110 KV GIS Substation Building A-10, Guindy Industrial Estate Chennai-600 032.2.The Assistant Engineer/Mathur Tamil Nadu Electricity Board TANGEDCO, 3rd Main Road MMDA, Mathur, Chennai-600 063. .....RespondentsW.P No.6380 of 20201.Pista Devi2.Leela Devi3.Rekha.....PetitionersVsPage 1 of 12 https://www.mhc.tn.gov.in/judis W.P No.31214 of 20191.The Chairman TANGEDCO 10th Floor, NPKRR Maaligai 144, Anna Salai Chennai-600 002.2.The Executive Engineer O & M/Vyasarpadi 110 KV. SS Campus Opp. to Ramalingar Koil Vyasarpadi, Chennai-600 039.3.The Superintending Engineer General Construction (1) TANGEDCO Thiruvika Industrial Estate, Guindy Chennai-600 032. .....RespondentsW.P No.6382 of 20201.Rekha V Jain2.Pushpa M.Jain.....PetitionersVs1.The Chairman TANGEDCO 10th Floor, NPKRR Maaligai 144, Anna Salai Chennai-600 002.2.The Executive Engineer O & M/Vyasarpadi 110 KV. SS Campus Opp. to Ramalingar Koil Vyasarpadi, Chennai-600 039.3.The Superintending Engineer General Construction (1) TANGEDCO Thiruvika Industrial Estate, Guindy Chennai-600 032. .....RespondentsW.P No.6440 of 2020Page 2 of 12 https://www.mhc.tn.gov.in/judis W.P No.31214 of 2019M.Mathivani.....PetitionerVs1.The District Collector The District Collector Office Thiruvallur Thiruvallur District-602 001(R2/The Director, Chennai Petroleum Corporation Ltd,Teynampet, Chennai-600 018was deleted vide order dated19.03.2020)2.The Managing Director TNEB, 10th Floor NPKRR Maaligai 144, Anna Salai, Chennai-600 002.3.The District Revenue Officer 5-73, SH 112, Gandhi nagar Anna Nagar West Extension Chennai-600 040.4.The Thasildar Madhavaram Taluk Puzhal, Chennai-600 066. .....RespondentsPRAYER in W.P.No.31214 of 2019: This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, forbearing the respondents or their subordinate officials from interfering with the peaceful possession and enjoyment of the petitioner land in respect of Plot Nos.66 & 67, measuring an extent of 4173 sq.ft. comprised in Survey No.15/1B2 Survey No.16/1A situated in Sakthi Murugan Nagar, Mathur Village, now Madhavaram Taluk, Tiruvallur Disrict.Page 3 of 12 https://www.mhc.tn.gov.in/judis W.P No.31214 of 2019PRAYER in W.P.No.6380 of 2020: This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, forbearing the respondents, their men, agents, or servants or anyone claiming from or under them, from in any manner trespassing, interfering or disturbing the peaceful possession and enjoyment of the petitioner' properties situated at Anna Nagar, Mathur Village, Madhavaram Taluk, Thiruvallur District, comprised in Survey numbers 193/4B2, 193/5B1B, 193/6B3 and 193/6B2 in all admeasuring a total extent of 11,925 sq.ft. except by due process of law.PRAYER in W.P.No.6382 of 2020: This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, forbearing the respondents, their men, agents, or servants or anyone claiming from or under them, from in any manner trespassing, interfering or disturbing the peaceful possession and enjoyment of the petitioner' properties situated at Anna Nagar and Balamurugan Nagar, Mathur Village, Madhavaram Taluk, Thiruvallur District, comprised in Survey numbers 193/4B2 Part and 193/6B1B, in all admeasuring a total extent of 3,234 sq.ft. except by due process of law.PRAYER in W.P.No.6440 of 2020: This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents herein, not to interfere with the right, enjoyment and possession by the petitioner in connection with the schedule property in any manner. For Petitioner inW.P.31214 of 2019 : Mr.S.P.SudalaiyandiFor Petitioners in W.P.6380 & 6382 of 2020: Mr.R.Abdul MubeenFor Petitioner in W.P.6440 of 2020 : Mr.T.V.G.KartheebanFor Respondents inPage 4 of 12 https://www.mhc.tn.gov.in/judis W.P No.31214 of 2019 W.P.31214 of 2019 & 6380 & 6382 of 2020 : Mr.D.R.Arunkumar Standing CounselW.P No.6440 of 2020For R2: Mr.D.R.Arunkumar Standing CounselFor R1, R3 & R4: Ms.Aiyshwarya Government Advocate C O M M O N O R D E RThese four writ petitions have been filed, forbearing the respondents, their men, agents, or servants or anyone claiming from or under them, from in any manner trespassing, interfering or disturbing the peaceful possession and enjoyment of the petitioners' schedule mentioned properties.2. Since the issue that arises in all the writ petitions is one and the same, they are disposed of by a common order.3. The case of the petitioner in W.P No.31214 of 2019 is that the petitioner had purchased Plot Nos.66 & 67 measuring an extent of 4173 sq.ft. at Sakthi Murugan Nagar, Mathur Village, Madhavaram Taluk, through a sale deed dated 01.11.1989 registered as Doc.No.5251/1989. Since then, he is in absolute possession and enjoyment of the said property. All the revenue records Page 5 of 12 https://www.mhc.tn.gov.in/judis W.P No.31214 of 2019have been mutated in the name of the petitioner and he is paying all taxes to the Government. Whileso, on 21.10.2019, the subordinate officials of the respondents herein measured the property and when the petitioner questioned the officials, they informed that the land belongs to the respondents department. On enquiry, there is no encumbrance over the said property, particularly the name of the respondents department is not reflected in the encumbrance certificate. The officials of the respondents further informed that there is a proposal for construction of compound wall around the proposed 230/110 KV substation at Mathur Village. Without any authority of law or due process of law, the respondents interfered with the petitioner's peaceful possession and enjoyment of the property. Hence the present writ petition is filed with the above said prayer.4.The case of the petitioners in W.P No.6380 of 2020 is that the petitioners are the joint owners of the properties situated at Anna Nagar, Mathur Village, Madhavaram Taluk, Thiruvallur District comprised in Survey Nos.193/4B2, 193/5B1B, 193/6B3 and 193/6B2 in all admeasuring a total extent of 11,925 sq.ft. having purchased the same by way of four sale deeds dated 06.07.2015 and 17.07.2015 registered as document Nos.5176, 5592, 5593 and 5594 of 2015 on the file of the Sub Registrar Office Thiruvotriyur. The Page 6 of 12 https://www.mhc.tn.gov.in/judis W.P No.31214 of 2019petitioners have obtained patta for their respective lands and are in possession and enjoyment of the same since then. The 3rd respondent and his staffs have encroached and trespassed into the petitioners' properties under the guise of commencing construction activity claiming to be their property without any notice to the petitioners. Hence the present writ petition is filed. 5.The case of the petitioners in W.P No.6382 of 2020 is that the petitioners are the joint owners of the properties situated at Anna Nagar, Mathur Village, Madhavaram Taluk, Thiruvallur District comprised in Survey Nos.193/4B2 and 193/6B1B in all admeasuring a total extent of 3,234 sq.ft. having purchased the same by way of two sale deeds dated 06.07.2015 and 17.07.2015 registered as document Nos.5175 and 5588 of 2015 on the file of the Sub Registrar Office Thiruvotriyur. The petitioners have obtained patta for their respective lands and are in possession and enjoyment of the same since then. The 3rd respondent and his staffs have encroached and trespassed into the petitioners' properties under the guise of commencing construction activity claiming to be their property without any notice to the petitioners. Hence the present writ petition is filed. 6.The case of the petitioner in W.P No.6440 of 2020 is that the petitioner Page 7 of 12 https://www.mhc.tn.gov.in/judis W.P No.31214 of 2019had purchased the property bearing Survey No.83/1C1A, New Survey No.83/6 and Patta No.2012 by way of a sale deed dated 14.08.2016 registered as document Nos.5160 of 2016 on the file of the Sub Registrar Office Thiruvotriyur. The petitioner had obtained patta and is in possession and enjoyment of the same since then. The 2nd respondent/TNEB and his staffs have encroached and trespassed into the petitioners' properties under the guise of commencing construction activity claiming to be their property without any notice to the petitioners. Hence the present writ petition is filed. 7.The learned counsel for the petitioners would submit that without any authority or legal right, the officials of the respondents are trying to interfere with the peaceful possession and enjoyment of the petitioners' properties. Hence, they prayed for appropriate orders.8. The learned Standing Counsel appearing for the TANGEDCO would submit that land acquisition proceedings had already been initiated in respect of the disputed lands. Subsequently, an award was passed and possession was also taken over by the respondents. However, the petitioners will be evicted only after due process of law. The respondents will supply all the documents related to the land acquisition to the petitioners and proceed the enquiry in the Page 8 of 12 https://www.mhc.tn.gov.in/judis W.P No.31214 of 2019manner known to law. 9. However, for the said stand taken by the learned Standing Counsel appearing for the TANGEDCO, no proof was filed before this Court, till date. No counter affidavit has also not been filed. Considering the facts and circumstances of the case and in the absence of proof, interim order granted by this Court cannot be vacated and after a lapse of 5 years, the respondents have not produced any records before this Court. 10. In view of the above, there shall be a direction to the respondents not to interfere with the petitioners' peaceful possession and enjoyment except under due process of law. If the respondents have any records, the same may be forwarded to all the petitioners enabling them to participate in the land acquisition proceedings, if they possess title and the respondents shall proceed the enquiry in the manner known to law.11. With the above direction, these four writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.Page 9 of 12 https://www.mhc.tn.gov.in/judis W.P No.31214 of 201929.10.2025Index: Yes/No Neutral citation: Yes/NoSpeaking/non-speaking orderumaTo1.The Chairman Tamil Nadu Electricity Board TANGEDCO No.800, Anna Salai Chennai-600 002.2.The Chief Engineer Transmission Projects-1/Chennai Tamil Nadu Electricity Board TANGEDCO, 3rd Floor 110 KV GIS Substation Building A-10, Guindy Industrial Estate Chennai-600 032.3.The Assistant Engineer/Mathur Tamil Nadu Electricity Board TANGEDCO, 3rd Main Road MMDA, Mathur, Chennai-600 063.4.The Chairman TANGEDCO 10th Floor, NPKRR Maaligai 144, Anna Salai Chennai-600 002.5.The Executive Engineer O & M/Vyasarpadi 110 KV. SS Campus Opp. to Ramalingar Koil Vyasarpadi, Chennai-600 039.Page 10 of 12 https://www.mhc.tn.gov.in/judis W.P No.31214 of 20196.The Superintending Engineer General Construction (1) TANGEDCO Thiruvika Industrial Estate, Guindy Chennai-600 032. 7.The District Collector The District Collector Office Thiruvallur Thiruvallur District-602 0018.The Managing Director TNEB, 10th Floor NPKRR Maaligai 144, Anna Salai, Chennai-600 002.9.The District Revenue Officer 5-73, SH 112, Gandhi nagar Anna Nagar West Extension Chennai-600 040.10.The Thasildar Madhavaram Taluk Puzhal, Chennai-600 066. M.DHANDAPANI, J. umaPage 11 of 12 https://www.mhc.tn.gov.in/judis W.P No.31214 of 2019W.P Nos.31214 of 2019, 6380, 6382, 6440 of 2020 andW.M.P Nos.3135 of 2019 & 7533, 7535 of 202029.10.2025 Page 12 of 12

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