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W.P.No.34495 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 09.09.2025CORAM:THE HONOURABLE MR. JUSTICE M. SUNDARANDTHE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMARW.P. No.34495 of 2025 and W.M.P. No.38653 of 2025M. VedamurthyPetitionervs.1.The Government of Tamil Nadurepresented by its SecretaryHousing & Urban Development DepartmentFort St. GeorgeChennai - 600 0092.The Chairman or Managing DirectorTamil Nadu Housing BoardTamil Nadu Housing Board ComplexNandanamChennai - 600 0353.The Secretary and Administrative OfficerTamil Nadu Housing BoardAnna Nagar Division I Floor, Tamil Nadu Housing BoardCommercial ComplexThirumangalamChennai - 600 0404.The Member SecretaryChennai Metropolitan Development AuthorityThalamuthu Natarajan MaligaiNo.1, Gandhi Irwin RoadEgmoreChennai 600 008Page 1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.34495 of 20255.K. Sakthivel, B.Com.Manager - Marketing & ServiceAnna Nagar DivisionTamil Nadu Housing BoardThirumangalamChennai 600 1016.J. Lin Constructionsrepresented by its Proprietor D.I. Peter JebasinghNo.64, Perambur Barracks RoadPurasaiwakkamChennai 600 0077.The TahsildarAmbattur TalukChennai - 600 053Respondents(R7 suo motu impleaded vide instant order)Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 3,5 and 6 not to proceed with the proposed compound wall construction in the Padikuppam public road in Survey No.251/1, T.S.No.50, Block No.70, Ward No.1, Padikuppam Village, Padikuppam Main Road, Thirumangalam, Ambattur Taluk, Chennai District 600 040.For petitioner Ms. Sudharshana Sunderfor Mr. B. Ravi RajaFor RR 1,4 & 7Mr. T.K. SaravananAdditional Government Pleader For RR 2,3 & 5Mr. T. Pradeep Rajafor Mr. D. Veerasekaran- - - - - Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.34495 of 2025ORDER(made by M. SUNDAR, J.)Captioned main 'writ petition' [hereinafter 'WP' for the sake of brevity] has been filed with a prayer seeking issue of a writ of mandamus qua Tamil Nadu Housing Board (TNHB) by restraining TNHB from proceeding with proposed compound wall construction in Padikuppam Main Road in Thirumangalam, Ambattur Taluk, Chennai District 600 040.2.To be noted, though the prayer talks about mandamus to respondents 3,5 and 6, we have captured the prayer in the aforesaid manner for ease of reference.3.Ms. Sudharshana Sunder, learned counsel representing Mr.B.Ravi Raja, learned counsel on record for writ petitioner, is before us.4.Factual matrix in a nutshell is that the writ petitioner obtained approval from Chennai Metropolitan Development Authority (CMDA) vide letter no.CMDA/PP/NHRB/N/0734/2023 dated 26.08.2024 for construction of 21 apartments in land admeasuring 9,280 sq. ft. (80 * 1,160) or thereabouts in Padikuppam Main Road; that the construction is underway; that on the western side of the site that is being developed by writ Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.34495 of 2025petitioner, i.e., on the other side of the road, TNHB is coming up with a construction of 80 High Income Group (HIG) flats, which was approved by the Government vide G.O. Ms.No.125, Housing and Urban Development Department dated 12.11.2021; that according to TNHB, it has provided an additional width of 1.80 metres for the usage of general public in order to meet 9.10 metres width of the road; that TNHB acquired 1.70 acres of land in Survey No.251/1, T.S. No.50, Block No.70, Ward–I in Padi Village, Ambattur Taluk; that construction is only in 1.55 acres of land after providing for 1.80 metres width of the road; that the writ petitioner contends that the compound wall which the TNHB is putting up is reducing the width of the road i.e., shrinking the width of the road, which, according to writ petitioner, is 41 ft.; that it is writ petitioner's case that it is being shrunk to 29 ft.5.Issue notice to official respondents (respondents 1 to 5).6.Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for respondents 1 and 4 and Mr. T. Pradeep Raja, learned counsel representing Mr. D. Veerasekaran, learned Standing Counsel, accepts notice for respondents 2,3 and 5.Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.34495 of 20257.Learned State counsel submitted that one J. Prabakaran filed a writ petition in the form of a public interest litigation (PIL) seeking to mandamus TNHB to survey the road before proceeding with construction and this PIL came to be disposed of by another Hon'ble Division Bench vide order dated 29.08.2025, wherein, the statement of the learned State counsel that survey had been done, had been recorded.8.On a careful perusal of the 29.08.2025 order, we find that the other Division Bench has made it clear that survey report documents have not been shared and there is no necessity of doing so, as it is a PIL. In any event, the PIL pertains to S.No.251 and writ petitioner's complaint is only with regard to that portion of the road which is the frontage for the property being developed by writ petitioner.9.After carefully considering the submissions of both sides and perusing the records, this Court is of the considered view that the matter can be resolved by directing a joint survey by jurisdictional Tahsildar in the presence of writ petitioner and sixth respondent (who is said to be the contractor engaged by TNHB), besides TNHB, within three weeks from today, i.e., on or before 30.09.2025 and a copy of the survey report being provided to writ petitioner under due acknowledgment, with a further directive that if Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.34495 of 2025there is any encroachment in road, be it by Housing Board or by any other entity or individual, appropriate action for Removal of Encroachment (RoE) under applicable statute shall be initiated within three weeks thereafter, i.e. on or before 21.10.2025. We order so.10.To facilitate survey, we suo motu add the Tahsildar, Ambattur Taluk, Chennai - 600 053 as seventh respondent and Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for the newly impleaded seventh respondent also.11.Learned Standing Counsel for TNHB undertakes to inform sixth respondent about this order and furnish a copy of this order to sixth respondent. Therefore, we dispense with notice to sixth respondent making it clear that all the rights and contentions of sixth respondent will stand preserved by this order (this order will not impact the rights and contentions of sixth respondent). In this view of the matter, there is no impediment in taking up the captioned main WP for disposal in the Admission Board i.e., Motion List, itself, with the consent of aforereferred counsel.12.We hasten to add that action against alleged encroacher(s), in the event of there being any encroachment, necessarily means that alleged Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.34495 of 2025encroacher(s) would be show caused. This Court makes it clear that all rights and contentions of alleged encroacher(s) are preserved when alleged encroacher(s) is/are show caused and this order does not impinge upon their rights. It is made clear that if construction is proceeded with, it will be at the risk and peril of the parties concerned.13.Captioned main WP stands disposed of in the aforesaid manner, with preservations of rights and contentions of parties. There shall be no order as to costs. (M.S., J.) (M.S.K., J.)09.09.2025cadIndex : Yes/NoNC : Yes/NoTo1.The SecretaryHousing & Urban Development DepartmentGovernment of Tamil NaduFort St. GeorgeChennai - 600 0092.The Chairman or Managing DirectorTamil Nadu Housing BoardTamil Nadu Housing Board ComplexNandanamChennai - 600 035Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.34495 of 2025M. SUNDAR, J.andMUMMINENI SUDHEER KUMAR, J.cad3.The Secretary and Administrative OfficerTamil Nadu Housing BoardAnna Nagar Division I Floor, Tamil Nadu Housing BoardCommercial ComplexThirumangalamChennai - 600 0404.The Member SecretaryChennai Metropolitan Development AuthorityThalamuthu Natarajan MaligaiNo.1, Gandhi Irwin RoadEgmoreChennai 600 0085.K. Sakthivel, B.Com.Manager - Marketing & ServiceAnna Nagar DivisionTamil Nadu Housing BoardThirumangalamChennai 600 1016.The TahsildarAmbattur TalukChennai - 600 053W.P.No.34495 of 202509.09.2025Page 8 of 8
W.P.No.34495 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 09.09.2025CORAM:THE HONOURABLE MR. JUSTICE M. SUNDARANDTHE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMARW.P. No.34495 of 2025 and W.M.P. No.38653 of 2025M. VedamurthyPetitionervs.1.The Government of Tamil Nadurepresented by its SecretaryHousing & Urban Development DepartmentFort St. GeorgeChennai - 600 0092.The Chairman or Managing DirectorTamil Nadu Housing BoardTamil Nadu Housing Board ComplexNandanamChennai - 600 0353.The Secretary and Administrative OfficerTamil Nadu Housing BoardAnna Nagar Division I Floor, Tamil Nadu Housing BoardCommercial ComplexThirumangalamChennai - 600 0404.The Member SecretaryChennai Metropolitan Development AuthorityThalamuthu Natarajan MaligaiNo.1, Gandhi Irwin RoadEgmoreChennai 600 008Page 1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.34495 of 20255.K. Sakthivel, B.Com.Manager - Marketing & ServiceAnna Nagar DivisionTamil Nadu Housing BoardThirumangalamChennai 600 1016.J. Lin Constructionsrepresented by its Proprietor D.I. Peter JebasinghNo.64, Perambur Barracks RoadPurasaiwakkamChennai 600 0077.The TahsildarAmbattur TalukChennai - 600 053Respondents(R7 suo motu impleaded vide instant order)Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 3,5 and 6 not to proceed with the proposed compound wall construction in the Padikuppam public road in Survey No.251/1, T.S.No.50, Block No.70, Ward No.1, Padikuppam Village, Padikuppam Main Road, Thirumangalam, Ambattur Taluk, Chennai District 600 040.For petitioner Ms. Sudharshana Sunderfor Mr. B. Ravi RajaFor RR 1,4 & 7Mr. T.K. SaravananAdditional Government Pleader For RR 2,3 & 5Mr. T. Pradeep Rajafor Mr. D. Veerasekaran- - - - - Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.34495 of 2025ORDER(made by M. SUNDAR, J.)Captioned main 'writ petition' [hereinafter 'WP' for the sake of brevity] has been filed with a prayer seeking issue of a writ of mandamus qua Tamil Nadu Housing Board (TNHB) by restraining TNHB from proceeding with proposed compound wall construction in Padikuppam Main Road in Thirumangalam, Ambattur Taluk, Chennai District 600 040.2.To be noted, though the prayer talks about mandamus to respondents 3,5 and 6, we have captured the prayer in the aforesaid manner for ease of reference.3.Ms. Sudharshana Sunder, learned counsel representing Mr.B.Ravi Raja, learned counsel on record for writ petitioner, is before us.4.Factual matrix in a nutshell is that the writ petitioner obtained approval from Chennai Metropolitan Development Authority (CMDA) vide letter no.CMDA/PP/NHRB/N/0734/2023 dated 26.08.2024 for construction of 21 apartments in land admeasuring 9,280 sq. ft. (80 * 1,160) or thereabouts in Padikuppam Main Road; that the construction is underway; that on the western side of the site that is being developed by writ Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.34495 of 2025petitioner, i.e., on the other side of the road, TNHB is coming up with a construction of 80 High Income Group (HIG) flats, which was approved by the Government vide G.O. Ms.No.125, Housing and Urban Development Department dated 12.11.2021; that according to TNHB, it has provided an additional width of 1.80 metres for the usage of general public in order to meet 9.10 metres width of the road; that TNHB acquired 1.70 acres of land in Survey No.251/1, T.S. No.50, Block No.70, Ward–I in Padi Village, Ambattur Taluk; that construction is only in 1.55 acres of land after providing for 1.80 metres width of the road; that the writ petitioner contends that the compound wall which the TNHB is putting up is reducing the width of the road i.e., shrinking the width of the road, which, according to writ petitioner, is 41 ft.; that it is writ petitioner's case that it is being shrunk to 29 ft.5.Issue notice to official respondents (respondents 1 to 5).6.Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for respondents 1 and 4 and Mr. T. Pradeep Raja, learned counsel representing Mr. D. Veerasekaran, learned Standing Counsel, accepts notice for respondents 2,3 and 5.Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.34495 of 20257.Learned State counsel submitted that one J. Prabakaran filed a writ petition in the form of a public interest litigation (PIL) seeking to mandamus TNHB to survey the road before proceeding with construction and this PIL came to be disposed of by another Hon'ble Division Bench vide order dated 29.08.2025, wherein, the statement of the learned State counsel that survey had been done, had been recorded.8.On a careful perusal of the 29.08.2025 order, we find that the other Division Bench has made it clear that survey report documents have not been shared and there is no necessity of doing so, as it is a PIL. In any event, the PIL pertains to S.No.251 and writ petitioner's complaint is only with regard to that portion of the road which is the frontage for the property being developed by writ petitioner.9.After carefully considering the submissions of both sides and perusing the records, this Court is of the considered view that the matter can be resolved by directing a joint survey by jurisdictional Tahsildar in the presence of writ petitioner and sixth respondent (who is said to be the contractor engaged by TNHB), besides TNHB, within three weeks from today, i.e., on or before 30.09.2025 and a copy of the survey report being provided to writ petitioner under due acknowledgment, with a further directive that if Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.34495 of 2025there is any encroachment in road, be it by Housing Board or by any other entity or individual, appropriate action for Removal of Encroachment (RoE) under applicable statute shall be initiated within three weeks thereafter, i.e. on or before 21.10.2025. We order so.10.To facilitate survey, we suo motu add the Tahsildar, Ambattur Taluk, Chennai - 600 053 as seventh respondent and Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for the newly impleaded seventh respondent also.11.Learned Standing Counsel for TNHB undertakes to inform sixth respondent about this order and furnish a copy of this order to sixth respondent. Therefore, we dispense with notice to sixth respondent making it clear that all the rights and contentions of sixth respondent will stand preserved by this order (this order will not impact the rights and contentions of sixth respondent). In this view of the matter, there is no impediment in taking up the captioned main WP for disposal in the Admission Board i.e., Motion List, itself, with the consent of aforereferred counsel.12.We hasten to add that action against alleged encroacher(s), in the event of there being any encroachment, necessarily means that alleged Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.34495 of 2025encroacher(s) would be show caused. This Court makes it clear that all rights and contentions of alleged encroacher(s) are preserved when alleged encroacher(s) is/are show caused and this order does not impinge upon their rights. It is made clear that if construction is proceeded with, it will be at the risk and peril of the parties concerned.13.Captioned main WP stands disposed of in the aforesaid manner, with preservations of rights and contentions of parties. There shall be no order as to costs. (M.S., J.) (M.S.K., J.)09.09.2025cadIndex : Yes/NoNC : Yes/NoTo1.The SecretaryHousing & Urban Development DepartmentGovernment of Tamil NaduFort St. GeorgeChennai - 600 0092.The Chairman or Managing DirectorTamil Nadu Housing BoardTamil Nadu Housing Board ComplexNandanamChennai - 600 035Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.34495 of 2025M. SUNDAR, J.andMUMMINENI SUDHEER KUMAR, J.cad3.The Secretary and Administrative OfficerTamil Nadu Housing BoardAnna Nagar Division I Floor, Tamil Nadu Housing BoardCommercial ComplexThirumangalamChennai - 600 0404.The Member SecretaryChennai Metropolitan Development AuthorityThalamuthu Natarajan MaligaiNo.1, Gandhi Irwin RoadEgmoreChennai 600 0085.K. Sakthivel, B.Com.Manager - Marketing & ServiceAnna Nagar DivisionTamil Nadu Housing BoardThirumangalamChennai 600 1016.The TahsildarAmbattur TalukChennai - 600 053W.P.No.34495 of 202509.09.2025Page 8 of 8