[Cites 1, Cited by 0]
Madras High Court
G.Sankar vs The Commissioner on 11 March, 2026
W.P.No.9003 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2026
CORAM :
THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI,
CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.P No.9003 of 2026
G.Sankar
S/o.Gandhi,
No.82/16 F2,
Chengam Road, 5th Street,
Thiruvannamalai-606 603.
..Petitioner(s)
Vs
1. The Commissioner
Tamil Nadu Hindu Religious and
Charitable Endowment Board,
Chennai.
2. The Secretary
PWD Department,
Secretariat, Chennai-600 009.
3. The District Colelctor
Collector office
Vengikkal, Thiruvannamalai-606 604.
4. The Commissioner of Municipal Corporation
Municipal Corporation office,
Thirukovilur Road, Tiruvannamalai-606 601.
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W.P.No.9003 of 2026
5. P.Manikandan
S/o.S.Perumal,
Old No.16-D, New No.76,
Chengam Road, 5th Street,
Agni Theerthan Medu,
Tiruvannamalai-606 603.
..Respondent(s)
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus directing respondents 1 to
4 to consider petitioner’s representation dated 14.02.2026 and take
action against the construction made by 5th respondent in Municipal
Corporation ward No.25 and 26 T.S.No.529/5, Block No.1, Ward
No.3 Tiruvannamalai.
For Petitioner(s): Mr.Dhalapathy Vignesh Kumar
For Respondent(s): Mr.N.R.R.Arun Natarajan
Special Government Pleader (HR & CE)
For R1
Ms.Akila Rajendran
Government Advocate
For R2 to R4
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
The petitioner has filed this writ petition seeking issuance of a
writ of mandamus to direct respondent Nos.1 to 4 to consider
petitioner’s representation dated 14.02.2026 and take action
against the construction put up by the fifth respondent in Municipal
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Corporation Ward Nos.25 and 26, T.S.No.529/5, Block No.1, Ward
No.3, Tiruvannamalai.
2. Alleging that the fifth respondent is constructing a temple
and canal over land classified as “Sarkar Poramboke” and the said
activity is weakening the structure of the building put up by the
petitioner, he has sent a representation on 14.2.2026 to the
respondent authorities. As the said representation did not evoke
any response, the present writ petition has been filed for the relief
stated supra.
3. On a bare perusal of the averments made in the writ
petition, it is apparent that the petitioner himself has put up
construction on government poramboke land. Though the
petitioner claims to be paying property tax, the same can by no
stretch of imagination be construed as a title over the property.
The petitioner, being a rank encroacher, has no right to seek the
aforesaid relief.
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4. That apart, we find that the writ petition has been filed in
undue haste. Having sent the representation to the respondent
authorities on 14.2.2026, the petitioner has filed the writ petition on
26.2.2026, without waiting for a reasonable time.
5. For the foregoing reasons, the writ petition is dismissed.
There shall be no order as to costs.
We make it clear that we have not expressed any opinion on
the merits of the matter and this order shall not preclude the
authorities from taking necessary action in accordance with law, if
any encroachment of government lands is found.
(SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J)
11.03.2026
Index : Yes/No
Neutral Citation : Yes/No
sasi
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To:
1. The Commissioner
Tamil Nadu Hindu Religious and
Charitable Endowment Board,
Chennai.
2. The Secretary
PWD Department,
Secretariat, Chennai-600 009.
3. The District Colelctor
Collector office
Vengikkal, Thiruvannamalai-606 604.
4. The Commissioner of Municipal Corporation
Municipal Corporation office,
Thirukovilur Road, Tiruvannamalai-606 601.
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THE HON'BLE CHIEF JUSTICE
AND
G.ARUL MURUGAN,J.
(sasi)
11.03.2026
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