R.Sarada v. The State of Tamil Nadu

O R D E R (Order of the Court was made by S.M.Subramaniam J.)

Writ of Mandamus has been instituted, seeking a direction to restore classification of the land admeasuring 7 ares comprised in Sy.No.326/2, situated at Nolambur Village, Maduravoyal Taluk, Chennai District to its erstwhile classification 'Eri Ulvaai' (Government Page3 of 6 Puramboke) as contained in the A-Register and as per other old revenue documents and consequently direct the Respondents 1,2,3,5,6 and 7 to cancel the patta issued in favour of the 4th Respondent bearing Patta No.52 for the above mentioned land and to remove encroachment made therein.

¶2The petitioner is an adjacent owner of the subject property as detailed in the writ petition. The contention of the petitioner is that land bearing S.No.326/2 was originally classified as 'Eri Ulvaai'. Revenue Authorities have now converted it as a Public Road. Therefore, original classification is to be restored and water body is to be maintained.

¶3Learned Additional Advocate General would oppose, by stating that long before, surrounding lands were acquired for Housing Board project. Housing Board / Requisitioning Body also developed housing scheme in the entire locality. Reclassification of the land was done long before, wherein hundreds of residential houses were constructed and people are residing therein. That apart, a Ring Road has been laid and a portion of S.No.326/2 is falling in the Ring Road and the remaining part falls in the adjacent road. Page4 of 6

¶4In any event, Housing Board developed housing scheme in the subject property and completed the same long before. At this length of time, acceding to the request of the petitioner to restore the original classification would result in causing inconvenience to people residing in that locality and road users as well as against the public interest. Public interest will prevail over. Considering the fact situation, relief sought for cannot be granted. That apart, High Court, in exercise of powers of judicial review cannot direct Government to reclassify the land, which is to be done by Government after making assessment, etc., in the manner known to law. With the above observations, the present Writ Petition stands dismissed. No costs. (S.M.S.,J.) (K.S.,J.) 25-03-2026 Index: Yes/No Speaking/Non-speaking order AR Page5 of 6 To:

¶1The Principal Secretary to Government, Revenue and Disaster Management Department, Fort St. George, Chennai-600 009.

¶2The Principal Secretary to Government Housing and Urban Development Department, Fort St. George, Chennai-600 009.

¶3The District Collector Singaravelar Maaligai Complex, Collectorate, Rajaji Salai, Chennai-001.

¶4The Chairman, Tamil Nadu Housing Board CMDA Complex, E & C Market Road, Koyambedu, Chennai-107.

¶5The District Revenue Officer Chennai District, Singaravelar Maaligai Complex, Collectorate, Rajaji Saalai, Chennai-001.

¶6The Revenue Divisional Officer Chennai Central Division, Anna Nagar West Extension, Chennai-600 040.

¶7The Tahsildar Maduravoyal Taluk, Maduravoyal Taluk Office, Nolambur Phase Ii, Mogappair West, Chennai-037. Page6 of 6

S.M.SUBRAMANIAM, J. AND

K.SURENDER, J. AR 25-03-2026

2026:MHC:1288 Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-03-2026 CORAM THE HON'BLE MR JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.SURENDER R.Sarada … Petitioner -vs- 1. The State Of Tamil Nadu Rep By The Principal Secretary To The Goverment, Revenue And Disaster Management Department, Fort St. George, Chennai- 600 009. 2. The Principal Secretary to the Government, Housing and Urban Development Dept., Fort St. George, Chennai- 600 009. 3. The District Collector Singaravelar Maaligai Complex, Collectorate, Rajajisalai, Chennai- 001. 4. Tamil Nadu Housing Board Rep. by its Chairman, CMDA Complex, E & C Market Road, Koyambedu, Chennai- 107. 5. The District Revenue Officer Chennai District, Singaravelar Maaligai Complex, Collectorate, Rajaji Saalai, Chennai- 001. 6. The Revenue Divisional Officer Chennai Central Division, Anna Nagar West Extension, Chennai- 600 040. Page2 of 6 7. The Tahsildar Maduravoyal Taluk, Maduravoyal Taluk Office, Nolambur Phase II, Mogappair West, Chennai- 037. ..Respondent(s) Prayer: Direction to the 1st Respondent to reinstate the classification of the land admeasuring 7 ares comprised in Sy.No.326/2, situated at Nolambur Village, Maduravoyal Taluk, Chennai District to its erstwhile classification Eri Ulvaai (Government Puramboke) as contained in the A- Register and as per other old revenue documents and consequently direct the Respondents 1, 2, 3, 5, 6 and 7 to cancel the patta issued in favour of the 4th Respondent bearing Patta No.52 for the above mentioned land, and to remove encroachment made therein. For Petitioner: Mr.M.Karthikeyan For Respondents: Mr.T.Arunkumar AGP for R1 to 3 & 5 to 7 Mr.P.Kumaresan, AAG Assisted by A.M.Ravindranath Jeyapal Standing Counsel for TNHB for R4 *****