The jurisdiction of the High Court under Article 226 does not extend to adjudicating ownership disputes relating to immovable property, which must be resolved in civil courts.

(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

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 No.0001, Old Survey No.169PT, 171/1PT, 172PT, 173PT, 174/1PT, 174/2PT Survey Number 20/0 measuring an extent of 92 ares, 0.0 sq.meter assessment (Govt.) 21.25 (Holding- Road), (7) Block No.0001, Old Survey No.174/2PT, Survey Number 21/0 measuring an e xtent of 11 ares, 36.0 sq.meter assessment (Govt.) 3.12 (Holding-Roa) (8) block No.0001, Old Survey No.174/2PT, Survey Number 23/0 measuring an extent of 2 ares, 72.0 sq.meter assessment (Govt.) 1.12 (Holding – Lane) of water Bodies, road, street, Lane and Government Poramboke in revenue record is muted 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 the all types of encroachments restore all water bodies or water course to their original shape, size, capacity etc., and mention the property as water bodies in the records of revenue, Chennai Corporation, CMDA and all other records of Government and to initiate departmental and/or criminal action against the erring officials and cancel the patta.

WP No. 14789 of 2021 For Petitioner(s): Mr.G.Devarajan, Party In Person For Respondent(s): Mr.T.Arunkumar, Addl.G.P. for R1 to R6,R8, R17 to R20 & R25 Mr.S.Gopinathan, Standing Counsel for GCC for R9 to R14 Mrs.P.Veena Suresh, Standing Counsel for CMDA for R7 Mr.N.Paul Sunder Singh Standing Counsel for CMWSSB for R15 Mr.Krishna Srinivasan, for M/s.Ramasubramaniam and Associates for R21 to R24 No appearance for R16.

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.

2. The 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.

3. Learned 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 sub