S.Nagarani v. The Commissioner

O R D E R [Order of the Court was made by M. SUNDAR, J.] Alleged encroachment in front of writ petitioner's property situate at 'No.1, Central Street, Kilpauk Garden Road, Kilpauk Garden Colony, Kilpauk, Chennai Zone-8, Ward-101, Chennai Corporation Limit' {hereinafter 'said land' for the sake of brevity, convenience and clarity} is the complaint of the writ petitioner.

¶2Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 19.06.2025 which reads as follows: 'W.P.No.5565 of 2024 M.SUNDAR,J., and HEMANT CHANDANGOUDAR, J., (Order of the Court was made by M.SUNDAR, J.) Mr.T.C.Gopalakrishnan, learned counsel on record for writ petitioner and Mr.Arun Babu, learned Standing Counsel for GCC are before this Court.

¶2R6 has been served and name is shown in the cause Page Nos.3/8 list but none appears. With regard to R5, R5 has entered appearance through counsel and name of learned counsel is shown in the cause list but there is no representation.

¶3With the intention of giving an opportunity to R5 and learned counsel for R5, list this matter again three weeks hence with a caveat that the matter will be taken up if R5 is not present in the next listing also. List on 10.07.2025.'

¶3Today also, there is no representation for R5 and in the light of the earlier proceedings dated 19.06.2025 and considering the number of opportunities given to learned counsel for R5 and R5, we took up and heard out the matter on the basis of learned counsel before us namely, Mr.T.C.Gopalakrishnan, learned counsel on record for writ petitioner, Mr.Arun Babu, learned counsel for R1, R2 and R4 and Mr.T.K.Saravanan, learned Additional Government Pleader for R3.

¶4Mr.Arun Babu, learned Standing Counsel for GCC submitted that alleged encroachment is in strip of land which vests in the Tamil Nadu Urban Habitat Development Board (previously Tamil Nadu Slum Clearance Board) but learned counsel for writ petitioner disputes this and submits that encroachments are in foot path (platform) which vests in GCC. We express no opinion on this contestation as we would now be directing a joint survey to be conducted. Page Nos.4/8

¶5In the light of the submissions supra, we

suo-motu

implead t

he

Executive Engineer, the Tamil Nadu Urban Habitat Development Board, (previously Tamil Nadu Slum Clearance Board), Kilpauk Garden, Division-III, T.P.Chathiram, Zone - VII, No.2/124, Sir Thiyagaraya Salai, Teynampet, Chennai-600 018

as R7 in the case file

and Mr.S.Karthikeyan, learned Standing Counsel, accepts notice for R7 and Mr.T.K.Saravanan, learned Additional Government Pleader represents learned Standing Counsel for R7.

¶6Learned State Counsel submits that survey of said land will be done within a period of six weeks from today, i.e., on or before 21.08.2025 and depending on the outcome of the survey, action for removal of encroachment (if found) will be commenced vide 'The Tamil Nadu Urban Local Bodies Act, 1998 (Act 9 of 1999)' (hereinafter 'TNULB Act' for the sake of convenience and clarity) and / or the Tamil Nadu Housing Board Act, 1961 (Tamil Nadu Act No.17 of 1961) {hereinafter 'TNHB Act' for the sake of brevity, convenience and clarity} and / or any other appropriate / applicable statute as expeditiously as the business of official respondents would permit but in any event within a period of four weeks therefrom, i.e., Page Nos.5/8 on or before 18.09.2025. This submission is recorded.

¶7If there are encroachments, action against private respondents and/or other encroachers necessarily means that the private respondents would be show-caused. This Court makes it clear that all rights and contentions of private respondents are preserved if they are show-caused. Therefore, this Court does not touch upon the rights of private respondents.

¶8The above means that alleged encroacher/s / private respondent/s will be put on notice/show caused, given an opportunity and action will be subject to and depending on cause shown / response of noticee/s. Therefore, captioned WP is taken up with the consent of learned counsel for writ petitioner and learned State counsel. Though obvious, it is made clear that this order does not touch upon the rights of noticee/s under the TNULB Act or any other appropriate/applicable statute. This means that all the rights and contentions of noticee/s stand preserved for responding suitably when show caused / visited with notices. Though obvious, for the sake of specificity, it is clarified that this Court, in instant order, has not expressed any view or opinion one way or the other regarding alleged encroachment qua said land. Page Nos.6/8

¶9In the light of the narrative thus far, captioned WP is disposed of in the aforesaid manner, recording the stated position of learned State counsel. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. (M.S.J.,) (H.C.J.,)

10.07.2025 Index : Yes / No Speaking / Non-speaking mk Page Nos.7/8

M. SUNDAR, J. and

HEMANT CHANDANGOUDAR, J. mk To

¶1The Commissioner Corporation of Greater Chennai Rippon Building, Chennai-600 003.

¶2The Zonal Officer Zone 8, Corporation of Greater Chenani Pulla AVenue, Shenoy Nagar, Chennai-600 030.

¶3The Thasildar Egmore (Taluk), Egmore Chennai-600 008.

¶4The Assistant Engineer Zone-8, Ward 101 Corporation of Greater Chennai Pulla Avenue, Shenoy Nagar, Chennai-600 030.

¶5The Executive Engineer The Tamil Nadu Urban Habitat Development Board (previously Tamil Nadu Slum Clearance Board) Kilpauk Garden, Division-III T.P.Chathiram, Zone - VII No.2/124, Sir Thiyagaraya Salai, Teynampet, Chennai-600 018.

10.07.2025 Page Nos.8/8

2025:MHC:1726 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.07.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.M.P.No.23405 of 2024 S.Nagarani W/o.K.A.Thirunavakarasu ... petitioner vs. 1. The Commissioner Corporation of Greater Chennai Rippon Building Chennai-600 003. 2. The Zonal Officer Zone 8 Corporation of Greater Chenani Pulla Avenue, Shenoy Nagar, Chennai-600 030. 3. The Thasildar Egmore (Taluk) Egmore Chennai-600 008. 4. The Assistant Engineer Zone-8, Ward 101 Corporation of Greater Chennai Pulla Avenue, Shenoy Nagar, Page Nos.1/8 Chennai-600 030. 5. V.Solai 6. Munuswamy Proprietor, Munuswamy Vegetable Mart No.1, 1/1A, Central Street (Kilpauk Garden Road) Kilpauk Garden Colony Chennai-600 010. 7. The Executive Engineer The Tamil Nadu Urban Habitat Development Board (previously Tamil Nadu Slum Clearance Board) Kilpauk Garden, Division-III T.P.Chathiram, Zone - VII No.2/124, Sir Thiyagaraya Salai, Teynampet, Chennai-600 018. ...Respondents * R7 Suo-motu impleaded vide order dated 10.07.2025 Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, to direct the 1st to 4th respondents to remove and demolish the illegally constructed temporary iron sheet 3 shops on the platform before the petitioner's plot compound wall by the 5th respondent and the 6th respondent, situated at No.1, Central Street, Kilpauk Garden Road, Kilpauk Garden Colony, Kilpauk, Chennai, Zone-8, Ward-101 of Chennai Corporation Limit. For petitioner : Mr.T.C.Gopalakrishnan For Respondents : Mr.T.K.Saravanan Additional Government Pleader, for R3 Mr.A.Arun Babu Standing Counsel for R1, R2 & R4 Page Nos.2/8 R5 - No appearance R6 - No appearance Mr.S.Karthikeyan Standing Counsel, for R7 *****