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2026 Supreme(Online)(Mad) 41338

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
Hyder Ali – Appellant
Versus
Commissioner Corporation Of Chennai – Respondent


Advocates:
For the Appellants/Petitioners: R.Sathiyamoorthy
For the Respondents: A.Arun Babu Standing Counsel for R1, R3 & R4, M.Babu Muthu Meeran Addl.P.P. for R2 & R5

Table of Content
1. facts of street encroachment by 38 hut dwellers (Para 1 , 2)
2. counsel submissions on enumeration for alternate housing (Para 3)
3. constitutional duty to protect long-term homeless encroachers (Para 4)
4. directions for alternate accommodation then eviction (Para 5)

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

Writ of Mandamus has been instituted to direct the respondents to evict the illegal encroachment at Angappa Naicken Street, Chennai-1.

2. The Assistant Commissioner, Greater Chennai Corporation, conducted inspection and identified 38 hut dwellers encroached the streets. They have put up some small huts as well as movables. The Corporation officials have already removed the movables. As far as the huts are concerned, 38 families are residing and they are to be relocated suitably by providing alternate accommodation.

3. Learned Standing Counsel for the Corporation would submit that these hut dwellers are residing by occupying the street areas for the past more than 40 years. Thus, eligible homeless poor encroachers are to be identified and an enumeration list is to be prepared and to be communicated to the Tamil Nadu Urban Habitat Development Board for pro

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