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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 WP No. 39967 of 2026 and WMP.Nos. 44898, 44899, 44901 &

44904 of 2026 CNR: {HCMA012184772026}

D.Rajeshwari, W/o Devaraj, No.12B, New Nagi Reddy, Garden Extension, Muneeswaran Nagar, Guindy, Chennai 600 032.

..Petitioner(s)

Vs

1. State of Tamil Nadu, Represented by its Secretary to Government, Revenue and Disaster Management Department, Fort St.George, Chennai 600 009.

2. The Commissioner of Land Administration, Chepauk, Chennai 600 005.

3. Managing Director, Tamil Nadu Urban Habitat Development Board, Kamaraj Salai, Chennai 600 005.

4. The District Collector, Chennai District, Office of the District Collectorate, Singaravelar Maligai, Chennai 600 001.

5. The Tahsildar, Guindy Taluk, Chennai 600 032.

6. Executive Engineer, Tamil Nadu Urban Habitat Development Board, (Kottam-V) Mylapore, Chennai 600 004.

..Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of writ of certiorarified mandamus, calling for the records relative to the Eviction Notice dated 19.08.2026 issued by the 6^th Respondent, quash the same, consequently forbearing the Respondents 3 and 6 herein form in any manner Evicting or Dispossessing the petitioner from the land measuring an extent of 3 cents comprised in T.S. No 5, Block No.3, Alandur Village, Guindy Taluk, situated at Nagireddy, Garden Extension, Muneeswaran Nagar, Ekkattuthangal, Chennai 600 032.

For Petitioner(s): Mr.Venkataswamy Babu For Respondent(s): Mr.K.Surender Special Government Pleader for R1, R2, R4 & R5 Mr.R.Venkatesan Standing Counsel for R3 & R6

ORDER

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

The eviction notice dated 19.08.2026 issued by the 6^th respondent /

Executive Engineer is sought to be assailed in the present writ proceedings.

2. The core contention of the writ petitioner is that he is in occupation of Survey No.5, Block No.3, Alandur Village, Guindy Taluk situated at Nagireddy Garden Extension, Muneeswaran Nagar, Ekkattuthangal, Chennai 600 032.

The petitioner has no objection for development scheme for the benefit of homeless poor people by the Tamil Nadu Urban Habitat Development Board. However, it is contended that the survey number has been wrongly mentioned in the eviction notice. According to the petitioner, the land in Survey No.4 belongs to the Board, whereas he is in occupation of a portion of the land in Survey No.5. The earlier writ petition filed by the writ petitioner along with other persons in W.P.No.21325 of 2026 was dismissed by this Court vide order dated 09.06.2026.

3. The learned counsel for the petitioner would submit that as per the TSLR, Survey No.4 & Survey No.5 are different. The learned Special Government Pleader as well the Standing Counsel appearing for the Board would reiterate that both Survey Nos. 4 & 5 are classified as “Government Poromboke”. The land was allotted to Urban Habitat Development Board for construction of residential buildings for allotment to homeless poor people. Therefore, eviction notice was issued to evict the encroachers. The petitioner was identified as an encroacher by the Board. The Board, in exercise of the powers conferred under the Slum Clearance Board Act, issued the notice.

Thus, there is no infirmity.

4. If at all the petitioner claims any title / ownership in respect of the portion of the land, he has to establish his civil rights by producing the original documents and adducing appropriate evidence before the competent civil Court of law. The High Court, while exercising the power of judicial review, cannot adjudicate the disputed fact related to civil rights, which is to be undertaken in a civil nature proceedings. Thus, any relief in a form of a declaration in a writ proceedings undoubtedly would cause prejudice to any of the parties regarding the rightful title / ownership. Therefore, th