Lion.G.Devarajan v. The Additional Chief Secretary

ORDER (Order of the Court was made by S.M.Subramaniam,J.) The present writ petition has been instituted seeking a direction to the revenue authorities to consider the representation submitted by the writ petitioner seeking eviction of encroachments in the subject street as described in the writ proceedings.

¶2The Tahsildar, Kolathur Taluk filed a status report. As per the status report, the respondents 21 to 24 have encroached upon the public street. The learned Additional Government Pleader has produced a Combined Block Map of Sembium (Block-1), Peravallur (Block-4) and Madhavaram(Block-116). According to the survey, a portion of the street has been encroached by the respondents 21 to 24. However, it is a dead end street.

¶3Learned Senior Counsel appearing on behalf of the respondents 21 to 24 would oppose by stating that it is a private land and not a Government promboke land or street. The respondents 21 to 24 have submitted a representation along with the documents to establish their title /ownership. Thus, the present writ petition has to be rejected. Page6 of 9

¶4Neither the revenue authorities nor the High Court in exercise of powers under Article 226 of the Constitution of India will be in a position to decide the title/ownership in respect of an immovable property. An aggrieved person has to approach the Civil Court by instituting a civil suit. Disputed fact relating to civil rights cannot be adjudicated in writ proceedings. The Government authorities claim that it is a public street and the respondents 21 to 24 have encroached upon the public street. Therefore, it is left open to the authorities to initiate all enforcement action by following the procedures as contemplated under the TamilNadu Land Encroachment Act, 1905. If at all the respondents 21 to 24 claim any title or ownership, it is for them to approach the competent civil court of law.

¶5In respect of the representation submitted by the writ petitioner, the authorities are directed to initiate appropriate enforcement action to protect the public properties in the manner known to law. The Government is bound to take enforcement action by following the procedures as contemplated under law and it is for the respondents 21 to 24 to defend their case. Accordingly, the Writ Petition is disposed of. No costs. (S.M.S.,J.) (K.S.,J.) 09-03-2026 Index: Yes/No Speaking/Non-speaking order VSI Page7 of 9 To

1.The Additional Chief Secretary Municipal Administration and water supply Department Secretariat, Fort St George, Chennai-600 009.

2.The Addition Chief Secretary / Secretary Public Works Department, Secretariat, Fort St George, Chennai-600 009.

3.The Additional Chief Secretary / Commissioner Commissioner of Land Reforms, Ezhilagam, Chepauk, Chennai-600 005.

4.The Chief Engineer Public works Department, Chepauk,chennai-600 005.

5.The Commissioner (FAC) commissionerate of Land Administration, 2nd Floor, Ezhilagam, Chepauk, chennai-600 005.

6.The District Collector 62, Rajaji Salai, Fourth Floor, Chennai.1

7.The Member Secretary Chennai Metropolitan Development Authority (CMDA), No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

8.The Thasildar Perambur Taluk Office, Perambur, Chennai-600 011

9.The Commissioner Greater Corporation of Chennai.,Ripon Building,chennai-600 003.

10.The Regional Deputy Commissioner Greater Chennai Corporation (Central Zone) Shenoy Nagar, Chennai-600

030.

11.The Zonal Officer/ Executive Engineer (Zone 6) Greater Chennai Corporation, Otteri,Chennai-12.

12.The Assistant Engineer (Ward 69) Greater Chennai Corporation, Chennai-600 011.

13.The Village Officer Greater Chennai Corporation, (Vigilance Cell), Ripon Building, Chennai-600 003. Page8 of 9

14.The Superintending Engineer (Storm Water Drain Department) Greater Chennai Corporation, Ripon Building, Chennai-600 003.

15.The Managing Director Chennai Metropolitan Water Supply and sewerage Board, Pumping Station Road, Chennai-2

16.The Managing Director Tamil Generation and Distribution Corporation Limited, 10th Floor, NPKRR Maaligai 144, Anna Salai, chennai-600 002.

17.The Commissioner Greater Commissioner of Police, Vepery, Chennai-600 007.

18.The Inspector of Police K9, Thiru.Vi.Ka Nagar Police Station, Sembium, Chennai-600 011.

19.The Inspector of General Inspector General of Registration, 100, Santhome High Rd, Raja Annamalai Puram, chennai-28.

20.The Sub Registrar Sub Registrar Office, Sembiam,Chennai-600 011.

21.The Revenue Divisional Officer, Chennai Central, Ambattur. WPoNo.o14789oofo2021 S.M.SUBRAMANIAMeJ. AND K.SURENDEReJ. vsi WPeNo.e14789eofe2021 09-03-2026 Page9oofo9

Page1 of 9 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-03-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER Lion.G.Devarajan S/o. (Late). J.Gopalakrishnan, 25/12 Sathiyanarayanan St. Sembium, Chennai- 600 011. ..Petitioner(s) Vs 1. The Additional Chief Secretary Municipal Administration and water supply Department Secretariat, Fort St George, Chennai- 600 009. 2. The Addition Chief Secretary / Secretary Public Works Department, Secretariat, Fort St George, Chennai- 600 009. 3. The Additional Chief Secretary / Commissioner Commissioner of Land Reforms, Ezhilagam, Chepauk, Chennai- 600 005. 4. The Chief Engineer Public works Department, Chepauk,chennai- 600 005. 5. The Commissioner (FAC) commissionerate of Land Administration, 2nd Floor, Ezhilagam, Chepauk, chennai- 600 005. 6. The District Collector 62, Rajaji Salai, Fourth Floor, Chennai.1 7. The Member Secretary Chennai Metropolitan Development Authority (CMDA), No.1, Gandhi Irwin Road, Egmore, Chennai- 600 008. Page2 of 9 8. The Thasildar Perambur Taluk Office, Perambur, Chennai- 600 011 9. The Commissioner Greater Corporation of Chennai.,Ripon Building,chennai- 600 003. 10.The Regional Deputy Commissioner Greater Chennai Corporation (Central Zone) Shenoy Nagar, Chennai- 600 030. 11.The Zonal Officer/ Executive Engineer (Zone 6) Greater Chennai Corporation, Otteri,Chennai- 12. 12.The Assistant Engineer (Ward 69) Greater Chennai Corporation, Chennai- 600 011. 13.The Village Officer Greater Chennai Corporation, (Vigilance Cell), Ripon Building, Chennai- 600 003. 14.The Superintending Engineer (Storm Water Drain Department) Greater Chennai Corporation, Ripon Building, Chennai- 600 003. 15.The Managing Director Chennai Metropolitan Water Supply and sewerage Board, Pumping Station Road, Chennai- 2 16.The Managing Director Tamil Generation and Distribution Corporation Limited, 10th Floor, NPKRR Maaligai 144, Anna Salai, chennai- 600 002. 17.The Commissioner Greater Commissioner of Police, Vepery, Chennai- 600 007. 18.The Inspector of Police K9, Thiru.Vi.Ka Nagar Police Station, Sembium, Chennai- 600 011. Page3 of 9 19.The Inspector of General Inspector General of Registration, 100, Santhome High Rd, Raja Annamalai Puram, chennai-28. 20.The Sub Registrar Sub Registrar Office, Sembiam,Chennai- 600 011. 21.Simson Huzur Gardens, Madhavaram High Road, Perambur, chennai- 600 011. 22.India Pistons Huzur Gardens, Madhavaram High Road, Perambur, chennai- 600 011. 23.Addison Paints and Chemicals Limited Huzur Gardens, Madhavaram High Road, Perambur, chennai- 600 011. 24.Tractors and Farm Equipments Huzur Gardens, Madhavaram High Road, Perambur, chennai- 600 011. 25.The Revenue Divisional Officer, Chennai Central, Ambattur. (R25 Suo-motu Impleaded Vide Order Dt 19/07/2021 made in WP.14789/2021 by NKKJ, TVTSJ) ..Respondent(s) To directing all government respondents to consider and thereby disposing the Representation made by petitioner on 24.6.2017, 15.09.2018, 19.06.2019, 17.12.2020, 18.12.2020 and 29.06.2021 and directing respondents for to conduct the survey and to evict the all type of encroachments in Chennai District, Perambur Taluk, Sembium Village, (1) Block No.0001, Old Survey No. 174/2Pt Survey Number 5/0 Measuring a extent of 1 Hectare 47 ares, 29.0 Sq.Meter Assesment (Govt) 34.12 ( Holding - Kulam (Pond) (2) Block No.0001, Old Survey No.174/2PT Survey Number Page4 of 9 10/0 (Measuring and extent of 61 Ares, 52.0 Sq.Meter, Assesment (Govt) 14.37 (Holding - Kuttai (Pond) ) (3) Block No.0001, Old survey No. 174/2PT Survey Number 2/ Government Poramboke Measuring an extent of 14 Ares, 30.0 sq.meter assessment (Govt.) 0.0 (Holding-Street) (4) block No.0001, Old Survey no.174/2PT Survey number 9/0 measuring an extent of 42 ares, 62.0 sq.meter assessment (Govt.) 10.12 (Holding- Road), (5) Block No.0001, Old Survey No.171/1PT, Survey Number 18/0 measuring an extent of 12 ares, 0.0 sq.meter assessment (Govt.) 3.25 (holding – Road) 96) block