Lion.G.Devarajan v. The Additional Chief Secretary

O R D E R

(Order of the Court was made by S.M.Subramaniam J.)

Writ of Mandamus has been instituted to direct the respondents to conduct survey in Perambur Taluk, Sembium Village. Ward 001, Block No. 22,Old Survey number 116 / Part, 116/2 Part, 112 Part, 106/1Part and 106/5

(New) Survey No. 46/0, Survey No. 47/0, Survey No. 48/0 Survey No. 45/1 Page5 of 11 (Kuttai) Survey No. 45/2 Survey No. 45/3 Survey No. 45/4 Survey No. 45/5 Survey No. 45/6, Survey No. 45/7 Survey No. 45/8, Survey No. 45/9, Thilainayagam 2nd street, totally measuring 48960 Sq. ft., out of totally measuring an extent of 6,00,00,000 sq. ft nearly 100 Acers to 150 Acers, in revenue record, which is muted as Pond and Government Poramboke Land, Kuttai and the superstructures therein, which are authorized/ unauthorized/ deviated and to take necessary and immediate steps in accordance with law and to demolish the offending construction and to disconnect the metro water and sewage, electricity connections and to evict all types of encroachments and restore it as lake.

¶2The Collector of Chennai has filed a status report in respect of the subject property and the details as well as the classification are stated in paragraph Nos. 5 and 6 of the status report, which reads as under:

¶5It is respectfully submitted that on perusal of the computerized Town Survey Land records shows that the aforesaid lands (Subject properties) are registered in the following names to the extent noticed against each and the state on ground of the land during the joint inspection is submitted below Village Sembium Block No.22 Sl. No. T.S.No. Old S.No Classification Extent Sq.Metre s Name of the Registered holder Land Usage State on ground during Joint Inspection

¶1116/1 part 2 part Ryotwari 6796.50 Balakrishna Tawker Kuttai Vacant & 104 Nos. Pucca Houses Page6 of 11 Manai

¶2116/1 part 116/2 part Ryotwari Manai

882.00 Savithiri and 11 others Vacant Vacant

¶3116/1 part 116/2 part Ryotwari Manai 1246.00 Kalaivani and 16 others Vacant Vacant

¶4116/1 part 116/2 part Ryotwari Manai 1339.50 Kalaivani and 16 others Vacant Vacant

¶5116/1 part 116/2 part Ryotwari Manai

293.00 Savithiri and 11 others Vacant Vacant

¶6116/1 part 116/2 part Ryotwari Manai

88.00 Ethiraj Vacant and Houses Vacant

¶7116/1 part 116/2 part Ryotwari Manai

95.50 Ethiraj Vacant and compound wall House

¶8116/1 part 116/2 part Ryotwari Manai Savithiri and 11 others Vacant Vacant

¶9116/1 part 116/2 part Ryotwari Manai

486.50 Savithiri and 11 others Vacant Vacant

¶10116/1 part 116/2 part Ryotwari Manai

131.50 Mohammed Arif Building 1 Pucca House

¶11116/1 part Ryotwari Manai

61.0 Dilavar Shila Building 1 Pucca House

¶12Ryotwari Manai

98.0 V.Purushothaman Building 1 Pucca House

¶13116/1 part 116/2 part Ryotwari Manai

113.0 Raja and 2 others Building 1 Pucca House

¶1446 116/1 pt, 2 pt 112pt.106/5 pt. Circar Poromboke 2128.00 … Hospital A.E. Office Corporation Hospital & Ward 68 AE Office

¶15116/1 pt. 112 pt. 106/1 pt. Circar 4700.00 …. Corporation of Chennai

¶18 Nos.Pucca Houses encroachments

¶2School-encroachment

¶3Temple-encroachment

¶4Public Library

5.Public toilet

¶6Amma Canteen Page7 of 11 Poromboke

¶7Corporation Aided School.

¶1648 116/1 part 2 part participated Circar Poromboke

305.00 Balakrishna Tawker Thillainayaga m pillai 2nd Lane Thittainaagam pillai 2nd Lane street Ryotwari Mania Extent Sarkar Poromboke Extent Grand total 12083.5 6828.00 18911.5 As per the land records available in the taluk office Perambur, the total extent involved in the subject property is only 1.8508 Hectares which is equivalent to 4.57 acres only. Besides this, the portion of land that stands classified as "Kuttai" is comprised in Old. S.No.116/1 which correlates to T.S.No.45/1 of Block No.22 of Sembium Town.

¶6It is submitted that settlement Register pertaining to the year 1875 reveals that old S.No.116 is registered in the name of Krishnaji Tawker. It is respectfully submitted that old Village Resettlement Registers pertaining to the year 1911 reveals that Old S.No.116/1 which coorelates to T.S.No.45/1 of Block No.22 of Sembium Town is originally a Ryotwari Manai and stands registered in the name of Krishnaji Tawker. Subsequently, after subdividing the land pattas were issued by the then Tahsildars based on the documents submitted by the land owners. Though he land usage in Town Survey Land records (c&uh) is earmarked as "Kuttai", it is presumed that the "Kuttai" might have been used as waterbody for residential purpose which is situated in the Ryotwari Manai classification and not a Waterbody in a Government Poramboke land. Page8 of 11 Though the usage of the said land is furnished as "Kuttai", the said land stands classified as "Ryotwari manai" and was under the possession of Balakrishna Tawker and registered in his name in the Town Survey Land Records (Land Records pertaining to the year 1875, 1911 and Fair Land Register are enclosed)

¶3In view of the above report of the Collector, it is made clear that the subject property is classified as "Ryotwari Manai" and not classified as water body. That being the report given based on the revenue records, no further adjudication regarding eviction would arise and consequently, the Writ Petition stands disposed of. No costs.

(S.M.S.,J.) (C.K.,J.) 16-02-2026 Index: Yes/No Speaking/Non-speaking order VSI To

¶1The Additional Chief Secretary Commissioner of Land Reforms Commissionerate of Land Reforms Ezhilagam Chepauk Chennai 05

¶2The Commissioner (FAC) Commissionerate of Land Adminstration 2nd Floor, Ezhilagam Chepauk Chennai 05

¶3The District Collector 62, Rajaji Salai Fourth Floor Chennai 1

¶4The Member Secretary The Chennai Metropolitan Development Authority Thalamuthu Natarajan Maaligai No. 1 Gandhi Irwin Road Egmore Chennai 08 Page9 of 11

¶5The Thasildar Perambur Taluk Office Perambur High Road Perambur Chennai 011

¶6The Commissioner Greater Chennai Police Commissioner office Vepery Chennai 7

¶7The Inspector of police K9 Thiru VI. Ka Nagar Police station (Law and order) Sembium Chennai 11

¶8The Inspector of Police CCB-16 Greater Chennai Police Commissioner office Vepery Chennai 7

¶9The Commissioner Greater Chennai Corporation Ripon Building Chennai 03

10.The Zonal officer (Zone6) Greater Chennai Corporation Ayanavaramm Chennai 23

11.The Assistant Engineer (Ward68) Greater Chennai Corporation Perambur Chennai 11

12.The Managing Director Chennai Metropolitan Water supply and Sewerage Board Pumping station Road Chennai 2

13.The Area Engineer (AreaIV) Chennai Metropolitan Water supply and Sewerage Board MKB Nagar Chennai 39

14.The Assistant Engineer (Depot No. 68) Chennai Metroplitan water supply and Seqerage Board perambur chennai

15.The Managing Director Tamil Nadu Generation and Distribution Corporation Limited 10th Floor, NPKRR Maaligai 144 Anna Salai Chennai 02

16.The Assistant Engineer (Perambur) Tamil Nadu Generation and Distribution corporation LImited paper mills lane perambur chennai 11

17.The Inspector of General Inspector General of Registration 100, Santhome High Rd, Raja Annamalai Puram Chennai 28 Page10 of 11

18.The Chief Manager Syndicate Bank Asset recovery Management Branch Sic Building 1st Floor 38 Anna Salai Chennai 2

19.India Infoline Finance Limited (IIFL HFC) 12-A 10, 13th Floor Parinee Crescenzo C-38 and C-38, G Block Behind MC Bandra Kurla Complex Bndra east Mumbai 400 051 WPoNo.o13180oofo2021 S.M.SUBRAMANIAMeJ. AND C.KUMARAPPANeJ. vsi WPeNo.e13180eofe2021 16-02-2026 Page11oofo11

Page1 of 11 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-02-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN Lion.G.Devarajan S/o (late) J. Gopalakrishnan 25/12, Sthiyanarayanan St Sembium Chennai 11 ..Petitioner(s) Vs 1. The Additional Chief Secretary Commissioner of Land Reforms Commissionerate of Land Reforms, Ezhilagam Chepauk, Chennai – 600 005 2. The Commissioner (FAC) Commissionerate of Land Adminstration, 2nd Floor, Ezhilagam Chepauk Chennai 05 3. The District Collector 62, Rajaji Salai Fourth Floor Chennai 1 4. The Member Secretary The Chennai Metropolitan Development Authority Thalamuthu Natarajan Maaligai No. 1 Gandhi Irwin Road Egmore Chennai 08 5. The Thasildar Perambur Taluk Office Perambur High Road Perambur Chennai 011 6. The Commissioner Greater Chennai Police Commissioner office Vepery Chennai 7 7. The Inspector of police K9 Thiru VI. Ka Nagar Police station (Law and order) Sembium Chennai 11 Page2 of 11 8. The Inspector of Police CCB-16 Greater Chennai Police Commissioner office Vepery Chennai 7 9. The Commissioner Greater Chennai Corporation Ripon Building Chennai 03 10.The Zonal officer (Zone6) Greater Chennai Corporation Ayanavaramm Chennai 23 11.The Assistant Engineer (Ward68) Greater Chennai Corporation Perambur Chennai 11 12.The Managing Director Chennai Metropolitan Water supply and Sewerage Board Pumping station Road Chennai 2 13.The Area Engineer (AreaIV) Chennai Metropolitan Water supply and Sewerage Board MKB Nagar Chennai 39 14.The Assistant Engineer (Depot No. 68) Chennai Metroplitan water supply and Seqerage Board perambur chennai 11 15.The Managing Director Tamil Nadu Generation and Distribution Corporation Limited 10th Floor, NPKRR Maaligai 144 Anna Salai Chennai 02 16.The Assistant Engineer (Perambur) Tamil Nadu Generation and Distribution corporation LImited paper mills lane perambur chennai 11 17.The Inspector of General Inspector General of Registration 100, Santhome High Rd, Raja Annamalai Puram Chennai 28 18.The Chief Manager Page3 of 11 Syndicate Bank Asset recovery Management Branch Sic Building 1st Floor 38 Anna Salai Chennai 2 19.India Infoline Finance Limited (IIFL HFC) 12-A 10, 13th Floor Parinee Crescenzo C-38 and C-38, G Block Behind MC Bandra Kurla Complex Bndra East Mumbai 400 051 20.N.Gayathri 18 Suresh Nagar Main Road Valasaravakkam Chennai 87 21.BR. Ethiraju 26/2 Thukkaram 2nd Street T. Nagar, Chennai 17 22.B. Purushothaman New No. 25/ Old No. C-508 8th street Periyar Nagar, Chennai 82 23.P. Mageswari New No. 25/Old No. C-508 8th street Periyar nagar chennai 82 ..Respondent(s) To direct all Government respondents to consider and thereby disposing the Representation made by petitioner on 30.04.2019, 20.04.2020, 27.05.2020 and 18.02.2021 and directing the respondents to conduct the survey and to evict the all type of encroachments in Perambur Taluk, Sembium Village Ward 001, Block No. 22,Old Survey number 116 / Part, 116/2 Part, 112 Part, 106/1Part and 106/5 (New) Survey No. 46/0, Survey No. 47/0, Survey No. 48/0 Survey No. 45/1 (Kuttai) Survey No. 45/2 Survey No. 45/3 Survey No. 45/4 Survey No. 45/5 Survey No. 45/6, Survey No. 45/7 Survey No. 45/8, Survey No. 45/9, Thilainayagam 2nd street totally measuring Page4 of 11 48960 Sq. ft out of totally measuring an extent of 6,00,00,000 Sq. ft nearly 100 Acers to 150 Acers, in revenue record is muted as Pond and Government Proamboke Land, Kuttai and also find the superstructures put upon by them are authorized/ unauthorized/ deviated, necessary and immediate steps shall be taken in accordance with law to demolish the offending construction and may also disconnect the metro water and sewage, electricity connections thereby evict all types of encroachments and restore as it lake manner. For Petitioner(s): Lion.G.Devarajan [ P - in - P ] For Respondent(s): MR.T.Arun Kumar, AGP for R1 to R3, R5 to R8 & R17. Ms.S.Mridula Royan, S Standing Counsel for CMDA for R4. Mr. S. Gopinathan, Stan