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2026 Supreme(Online)(Mad) 103102
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-10-2026 CORAM THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN W.P.No.13009 of 2026 CNR:{HCMA010615832026}
G.Magesh Kumar … Petitioner -vs-
1. The Collector, Chennai District, Rajaji Salai, 4th Floor, George Town, Chennai - 600 001.
2. The Regional Deputy Commissioner (South), Greater Chennai Corporation Zone-13, No.115, Muthulakshmi Salai, Adyar, Chennai – 600 020.
3. The Tahsildar, Velachery Taluk, No.3, Gandhi Road, 1st Main Road, Velachery, Chennai-042.
4. Fomra Sale Private Limited Rep. by its Managing Director, No.126, Mint Street, Sowcarpet, Chennai – 600 001.
… Respondent(s)
Prayer: Writ Petition filed under Article 226 of the Constitution of India, directing the Respondents 1 to 3 herein to consider the representation issued by the petitioner dated 09.01.2026 to conduct a comprehensive Field Survey at the subject land which was classified as Kuttai comprised in T.S.No.172, situated at Thiruvanmiyur Village, Chennai as to prevent further annexation of the said Kuttail land by the 4th Respondent who has presently seems to be under the illegal occupation / encroachment of the said Kuttai land by erecting compound walls over the said land area, and for summary eviction / removal of encroachment if any found during the said Field Survey and consequently, to restore the said water body for the use of public.
For Petitioner: Mr.J.Thulasidharan For Respondents: Mr.G.Abraham Prabhu, AGP for R1 & R3 Ms.P.T.Ramadevi for R2 R4 – Not Ready in Notice *****
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-10-2026 CORAM THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN W.P.No.13009 of 2026 CNR:{HCMA010615832026}
G.Magesh Kumar … Petitioner -vs-
1. The Collector, Chennai District, Rajaji Salai, 4th Floor, George Town, Chennai - 600 001.
2. The Regional Deputy Commissioner (South), Greater Chennai Corporation Zone-13, No.115, Muthulakshmi Salai, Adyar, Chennai – 600 020.
3. The Tahsildar, Velachery Taluk, No.3, Gandhi Road, 1st Main Road, Velachery, Chennai-042.
4. Fomra Sale Private Limited Rep. by its Managing Director, No.126, Mint Street, Sowcarpet, Chennai – 600 001.
… Respondent(s)
Prayer: Writ Petition filed under Article 226 of the Constitution of India, directing the Respondents 1 to 3 herein to consider the representation issued by the petitioner dated 09.01.2026 to conduct a comprehensive Field Survey at the subject land which was classified as Kuttai comprised in T.S.No.172, situated at Thiruvanmiyur Village, Chennai as to prevent further annexation of the said Kuttail land by the 4th Respondent who has presently seems to be under the illegal occupation / encroachment of the said Kuttai land by erecting compound walls over the said land area, and for summary eviction / removal of encroachment if any found during the said Field Survey and consequently, to restore the said water body for the use of public.
For Petitioner: Mr.J.Thulasidharan For Respondents: Mr.G.Abraham Prabhu, AGP for R1 & R3 Ms.P.T.Ramadevi for R2 R4 – Not Ready in Notice *****
ORDER
(Order of the Court was made by S.M.Subramaniam J.)
The present Writ Petition has been filed for a direction to the Respondents 1 to 3 to consider the representation issued by the petitioner dated 09.01.2026 to conduct a comprehensive Field Survey at the subject land which was classified as Kuttai comprised in T.S.No.172, situated at Thiruvanmiyur Village, Chennai and consequently restore the water body for the use of public, if there is any encroachment found.
2. With reference to the relief sought for in the present writ petition for removal of encroachment in water body, Tahsildar, Velachery Taluk has filed a status report, stating that no encroachments are identified in T.S.No.172, Block No.41, Thiruvanmiyur Village. Paragraph Nos.5 and 6 of the report are extracted hereunder:
“5) I respectfully submit that in this case, the Respondents were directed to appear for an enquiry in this office on 23.06.2026 at 11.30 a.m. Besides this, the subject land wa inspected by the Zonal Deputy Tahsildar, Deputy Inspector of Survey and the Sub-Inspector of Survey on 30.06.2026. During inspection, it was found that the subject land is situated in T.S.No. 172, Block no.41 of Thiruvanmiyur village and that tere are no encroachments on the said land and the said land stands registered as follows in the Revenue Records.
6) I respectfully submit that the four side boundaries of the land are as follows:
As such there are no encroachments in the aforesaid land. The said land is surrounded by residential houses. The Petitioner is put to strict proof of the same.
3. In view of the fact that Authorities have not identified any encroachment in the said T.S.No.172, no further consideration is required. However, Authorities are directed to ensure that there are no AR encroachments made in the Government Poramboke land. In case of any encroachment identified surrounding the Government Poramboke land, enforcement actions are to be initiated by following procedures as contemplated and remove encroachments as expeditiously as possible.
4. With the above observations and directions, the present Writ Petition is disposed of. No costs.
