( Petition under Article 226 of The Constitution of India praying for a Writ of Mandamus as stated therein.)

The petitioner has filed this writ petition praying for a Writ of Mandamus directing the respondents 1 and 2 to demolish and remove the unauthorised construction in Survey No.82, T.S. No.1, Block No.13 put up by the respondents 3 and 4 in Government lands leased out to the petitioner forthwith.

2. Mr. A.L. Somayaji, learned Senior counsel appearing for the petitioner submits as follows:-

The Petitioner is Madras Race Club. The Government of Tamil Nadu under lease deed dated 06.03.1946 leased out the lands to an extent of 83.17 acres comprised in Survey No.82, TS No.1, Block No.13, Velacherry Village, Chennai to the petitioner, however, it is in continuous occupation of the said lands ever since 1845 onwards; that the property comprised in Old Survey No.78 (part) in T.S. No.1, Block No.15, Velacherry Village to an extent of 9600 square feet located on the Northern side of the petitioner's property was purchased by the respondents 3 and 4 herein on 15.12.2003 and construction activities were commenced in September 2005, while doing so, they attempted to encroach into