S.Velmani v. The State of Tamil Nadu,

ORDER (Order of the Court was made by S.M.Subramaniam J.) The interdepartmental communication dated 29.11.2023 issued by the Executive Engineer cum Administrative Officer, Villupuram Housing Board Division addressed to Tahsildar, Cuddalore, and a copy marked to the petitioner is under challenge in the present writ petition.

¶2Perusal of the said interdepartmental proceeding to show that the petitioner encroached upon the land belongs to the Tamil Nadu Housing Board and commenced construction activities. Housing Board sent a notice on

22.09.2023, which is refered in the impugned order, and despite the notice, petitioner failed to vacate the encroachment. Thus, tje impugned letter has been addressed to the Tahsildar for initiation enforcement action under the relevant provisions of the Statutes and Rules.

¶3In view of the fact that said impugned communication was issued on

20.11.2023, and an earlier notice was sent by Tamil Nadu Housing Board on

22.09.2023 to the petitioner, and considering the fact that three years lapsed, the impugned order shall be treated as a show cause notice, and in response to the said notice, petitioner is at liberty to submit his explanations, along with the documents, if any, within a period of two weeks from the date of receipt of a copy of this order. On receipt of any such explanation, competent Page3 of 4 authority/respondent shall consider the same, taken a final decision and if any encroachments are identified, then proceed with the enforcement action by following the procedure as contemplated under law. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.

¶4Accordingly, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (K.S.,J.) 24-03-2026 Index: Yes/No Speaking/Non-speaking order GD To

¶1The State Of Tamil Nadu, By Secretary, Department Of Urban Development, Fort St. George, Chennai - 600009.

¶2The Managing Director, The Tamil Nadu Housing Board, Chennai.

¶3The Executive Engineer And Administrative Officer, The Tamil Nadu Housing Board, Villupuram Division, East Pondy Road, Maharajapuram, Villupuram - 605 602.

¶4The Tahsildar, Cuddalore Taluk, Cuddalore-607001. WPoNo.o307oofo2024 S.M.SUBRAMANIAM,eJ. AND K.SURENDER,eJ. GD WPeNo.e307eofe2024 24-03-2026 Page4oofo4

2026:MHC:1231 Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-03-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER S.Velmani ..Petitioner(s) Vs 1. The State Of Tamil Nadu, By Secretary, Department Of Urban Development, Fort St. George, Chennai – 600009. 2. The Managing Director, The Tamil Nadu Housing Board, Chennai. 3. The Executive Engineer And Administrative Officer, The Tamil Nadu Housing Board, Villupuram Division, East Pondy Road, Maharajapuram, Villupuram - 605 602. 4. The Tahsildar, Cuddalore Taluk, Cuddalore-607001. ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India issuing a writ of certiorari calling for records and quash the proceeding of 3 rd respondent in Ka.No. Se.Po(Ma) Ni Aka 1/2023 dated 29.11.2023. For Petitioner(s): Mr.D.Baskar For Respondent(s): Mr.T.Arunkumar Additional Government Pleader For R1 And R4 No appearance R2 And R3 Page2 of 4