Advocates:
['M/S MA GOUTHAMAN', '', 'A RAMESH BABU', 'USHA PRABAKARAN', 'J SATHIA RAJ', 'R KRISHNA KUMAR', 'MAFFI DEVADOSS S PARTHIBAN', 'V SRINATH S B KIRANKUMAR', 'M HARISH KUMAR', 'PREETI SOLANKI', 'CHENNAI']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.04.2018

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN

AND

THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM

WP.No.10207/2018 & WMP Nos.12138 & 12139/2018

1.Moses

2.Wilson

3.M.Victor

4.D.Ramu

5.M.Kala

6.Shyam Kumar

7.Ranganayagi

8.Shanthi

9.Jayanthi

10.Paalpandian

11.Malliga

12.Roslin

13.Ranganayagi

..

Petitioners

Versus

1.The Principal Secretary

State of Tamil Nadu

Municipal Administration &

Water Supply Department

Fort St George, Chennai 600 009.

2.The Principal Secretary

Public Works Department

Fort St George, Chennai 600 009.

3.The District Collector

District Collectorate

Thiruvallur.

4.The Commissioner

Thiruverkadu Municipality

Tiruverkadu.

5.The Tahsildar

Maduravoyal Taluk

Chennai 600 095.

https://hcservices.ecourts.gov.in/hcservices/

6.The Revenue Inspector

Maduravoyal Taluk

Chennai 600 095.

.. Respondents

Prayer:-

Petition filed under Article 226 of the Constitution of

India praying for issuance of a writ of mandamus directing the

respondents 1 to 5, their men, agents or anybody claiming

through them from in any manner attempting to evict the

petitioners from the subject property in S.No.32, Keezh

Ayanambakkam Village, pending disposal of the petitioners

representation dated 13.02.2018.

For Petitioners : Mr.Ma.Gowthaman

For RR 1 to 3, 5 & 6: Mr.R.Udhayakumar, AGP

For R4

: Mr.P.Srinivas

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.,]

By consent, the writ petition is taken up for final

disposal.

Mr.R.Udhayakumar, learned Additional Government

Pleader accepts notice on behalf of the respondents 1 and 2.

2

The petitioners claim that they are the residents of

Anna Nagar, 4th Street, Keezhayanambakkam Village and their

forefathers and after their demise, they deemed to be in

possession and enjoyment of the sites and superstructures for

nearly four decades and they have been issued with Family /

Ration Cards, Voters ID Card, Aadhar Cards and also the

recipients of freebies scheme announced by the Government of

Tamil Nadu and their superstructures have also been provided

with electricity service, water connection and the said

superstructures are also subjected to statutory levies. The

grievance expressed by the writ petitioners is that all of a

sudden, individual notices has been issued to the writ

petitioners by the 6th respondent under section 7 of the Tamil

Nadu Land Encroachment Act, 1905, alleged that they are in

possession of the lands in S.No.32 which is classified as

"Kuttai" [small water body] and expressing apprehension that

they will be dispossessed, without recourse to due process of

law, came forward to file the present writ petition.

3

The learned counsel for the petitioners has drawn the

attention of this Court to the typed set of documents as well as

the Google Map relating to the area in question and would submit

that the residences of the petitioners are far far away from the

Coovum River course and there exist very many Marriage Halls,

Multi-Storeyed Buildings and other commercial entities and

without taking any action, they are targeting the petitioners

who are poor and belong to downtrodden community and would

https://hcservices.ecourts.gov.in/hcservices/

further add that in the event of their dispossession, they have

to be in the streets along with the family and their

children/wards are studying in the educational institutions and

they will be put to grave hardship, difficulty and irreparable

loss and prays for appropriate orders, protecting the interest

of the petitioners.

4

Per contra, the learned Additional Government Pleader

appearing for the respondents 1 and 2 would submit that pursuant

to the orders passed by the National Green Tribunal, Southern

Bench, a survey is being conducted and since the petitioners are