Madras High Court
S.Arumugam vs The Commissioner on 24 March, 2025
Author: M.Sundar
Bench: M.Sundar
2025:MHC:812
W.P.No.9216 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.03.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
W.P.No.9216 of 2025
and
W.M.P. Nos.10323 and 10325 of 2025 in W.P. No.9216 of 2025
S.Arumugam ... Petitioner
Vs.
1.The Commissioner,
Greater Chennai Corporation,
Rippon Buildings,
Chennai.
2.The Revenue Officer,
Zonal Office, Zone-V,
Corporation of Chennai,
Royapuram, Chennai – 600 013.
3.The Commissioner (North),
Corporation of Chennai, Zone – V,
Royapuram, Chennai – 600 0013.
4.The Chairman,
Chennai Water Supply & Sewage Board,
Pumping Station Road,
Chennai – 600 002.
5.Selvi
6.Govindammal
Page Nos.1/11
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/03/2025 06:57:42 pm )
W.P.No.9216 of 2025
7.Susairaj
8.Irudhayamary
9.Kasthuri
10.Mahalakshmi
11.The Tahsildar,
Tondiarpet Taluk,
Chennai – 600 081. ... Respondents
(R11 impleaded suo motu vide
order dated 24.03.2025 made in
W.P.No.9216 of 2025 and
W.M.P. Nos.10323 and 10325 of 2025)
Writ Petition filed under Article 226 of The Constitution of India
praying to issue a Writ of Mandamus to direct the respondents 1 to 4
to remove the encroachments of respondents 5 to 10 on the road
between Plot No.3 and 4 earmarked in the Corporation tenement plan
(sketch), in particular, the encroachment made by the 5 th respondent
on 27.03.2024 availing drainage connection illegally without obtaining
proper permission from the respondents 1 to 4 as per the proceedings
of the 1st respondent bearing No.Ni.Ma.U.Thu.Na.Ka.No.Le7/220/2025
dated 06.02.2025 and consequently restore the common drainage
bore well hand pump, metro water line and street light provided in the
street in between the Plot No.3 and 4 at Model Line, Cemetery Road
comprised in R.S.No.1754/1, 1752/2 Part of Tondiarpet Division,
Chennai.
Page Nos.2/11
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/03/2025 06:57:42 pm )
W.P.No.9216 of 2025
For Petitioner : Ms.Anna Mathew
For Respondents : Ms.Rekha Roshini G
for Mr.S.Gopinathan,
Standing Counsel for R1 to R3
Ms.V.Vijayalakshmi,
Standing Counsel for R4
Mr.T.K.Saravanan,
Additional Government Pleader
for R11
ORDER
[Order of the Court was made by M.SUNDAR, J.,]
Subject matter of captioned main 'Writ Petition' (hereinafter 'WP'
for the sake of brevity) is a 'land comprised in R.S.Nos.1754/1, 1752/2
Part of Tondiarpet Division of Chennai Corporation, Chennai'
(hereinafter 'said land' for the sake of convenience and clarity).
2. Ms.Anna Mathew, learned counsel on record for writ petitioner
submits that said land is a public road, there is encroachment in said
land and that the alleged encroachers are private respondents (R5 to
R10).
3. Repeated requests and representations to official respondents
have not yielded results and that has necessitated captioned main WP
with a mandamus prayer is learned counsel's say.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/03/2025 06:57:42 pm )
4. Issue notice to official respondents.
5. Ms.Rekha Roshini G, learned counsel representing
Mr.S.Gopinathan, learned Standing Counsel accepts notice for R1 to R3
and Ms.V.Vijayalakshmi, learned Standing Counsel accepts notice for
R4.
5. We find that survey qua said land is imperative and therefore
we suo motu implead Tahsildar, Tondiarpet Taluk, Chennai – 600 081
as R11. Mr.T.K.Saravanan, learned Additional Government Pleader
accepts notice for R11.
6. This Court is of the considered view that survey of said land
by R11 is to be done and survey report has to be drawn up and if
encroachment is found in survey, further action in accordance with law
can follow.
7. Learned Additional Government Pleader submits that survey
can be done by R11 but if encroachment is found in the survey, action
has to be initiated only by Greater Chennai Corporation (GCC) as said
land i.e., public road vests in GCC. This submission is recorded.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/03/2025 06:57:42 pm )
8. Learned State counsel also submits that survey can be
conducted in four weeks from today i.e., on or before 21.04.2025.
9. In the survey, if encroachments are noticed and if action for
removal of encroachment is initiated by GCC, be it private
respondents/ R5 to R10 or any other alleged encroacher, he/she or
such entity has to be put on notice and given an opportunity. In this
regard, learned Standing Counsel for GCC who accepts notice for R1 to
R3 submits that action if any will be under Section 128 of TNULB Act.
This means that if encroachments are found alleged encroachers be it
R5 to R10 or any other individual/entity will be show caused by issue
of Show Cause Notice (SCN) returnable in fifteen days.
10. In the fifteen days window, if any representation is received
R1 will have to make final orders considering the representation. For
the sake of convenience and clarity, we deem it appropriate to extract
and reproduce Section 128 of TNULB Act as amended and as it stands
today:
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/03/2025 06:57:42 pm )
'128. Power to remove encroachment from public place. -
(1) The Commissioner may, -
(a) remove without any notice any movable
temporary structure, enclosure, stall, booth, any article
whatsoever hawked, exposed or displayed for sale or any
other thing whatsoever by way of encroaching street,
public place, water body, tank, other water
resources or any land belonging to or vested with the
municipality with the municipal limit;
(b) remove any immovable structure whether
permanent or of temporary nature encroaching street,
public place, water body, tank, other water
resources or any land belonging to municipality or
vested with the municipality within the municipal limit,
after issuing a show cause notice for such removal,
returnable within a period of fifteen days from the date
of receipt thereof:
Provided that the Commissioner shall consider any
representation received within the time limit, before
passing final orders.
(2) Whoever makes any encroachment in any land
or space (not being private property) in any public
street, water body, tank, other water resources or
any land belonging to or vested with the municipality
within the municipal limit, shall, on conviction, be
punished with imprisonment which shall not be less than
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/03/2025 06:57:42 pm )
one year but which may extend to three years and with
fine which may extend to [fifty thousand rupees]:
Provided that the Court may, for any adequate or
special reasons to be mentioned in the judgment, impose
a sentence of imprisonment for a term of less than one
year.'
11. When R5 to R10 and/or any other encroacher is put on
notice or visited with SCN, all the rights and contentions of R5 to R10
and/or any other encroacher will stand preserved and all questions are
left open. Therefore, this order does not touch upon the rights of R5 to
R10 and/or any other person who may be put on notice pursuant to
survey if encroachment is found. In this view of the matter, notice to
R5 to R10 is dispensed with.
12. Considering the limited scope of the matter, captioned WP is
taken up in the Admission Board with the consent of learned counsel
for writ petitioner and learned counsel for official respondents.
13. In the light of the narrative and discussion thus far, the
following order is made:
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/03/2025 06:57:42 pm )
13.1 R1 shall conduct a joint survey of said land
after putting on notice the writ petitioner as well as R5 to
R10;
13.2 Learned State counsel submits that the
aforementioned exercise shall be completed within four
weeks from today i.e., on or before 21.04.2025;
13.3 Post aforementioned exercise, survey report
shall be drawn up;
13.4 If encroachments are found, suitable action
more particularly action under Section 128 of TNULB Act
shall be initiated by GCC within four weeks from today
i.e., on or before 19.05.2025;
13.5 As already alluded to supra, rights of all
private respondents and or any other person/entity being
visited with SCN under Section 128 of TNULB Act are
preserved, all questions are left open and and it is open to
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/03/2025 06:57:42 pm )
the noticees to send representation, which has to be
considered by R1 and 'final orders' has to be made by R1
under proviso to Section 128(1)(b).
14. Captioned WP is disposed of in the aforesaid manner with the
aforementioned directives and recording the stated position of learned
State counsel. Consequently, captioned Writ Miscellaneous Pettions
(WMPs) thereat are disposed of as closed. There shall be no order as
to costs.
(M.S.,J.) (K.G.T.,J.)
24.03.2025
Index : Yes
Neutral Citation : Yes
mmi
To
1.The Commissioner,
Greater Chennai Corporation,
Rippon Buildings, Chennai.
2.The Revenue Officer,
Zonal Office, Zone-V,
Corporation of Chennai,
Royapuram, Chennai – 600 013.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/03/2025 06:57:42 pm )
3.The Commissioner (North),
Corporation of Chennai, Zone – V,
Royapuram, Chennai – 600 0013.
4.The Chairman,
Chennai Water Supply & Sewage Board,
Pumping Station Road,
Chennai – 600 002.
5.The Tahsildar,
Tondiarpet Taluk,
Chennai – 600 081.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/03/2025 06:57:42 pm )
M.SUNDAR, J.,
and
K.GOVINDARAJAN THILAKAVADI, J.,
mmi
24.03.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/03/2025 06:57:42 pm )
