WP/27652/2022 of V.Thirulogasundar Vs The Chennai Metropolitan Development Authority

2026:MHC:1413 WP No. 27652 of 2022 __________ Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-04-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER WP No. 27652 of 2022 and WMP. Nos.26928, 26929, 26933 & 26934 of 2022 1. V.Thirulogasundar 2. G.Viswanathan 3. Vignesh ..Petitioners Vs 1. The Chennai Metropolitan Development Authority, Rep. by its Member Secretary, Thalamuthu Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai- 600 008. 2. The District Collector, Thiruvallur District, Thiruvallur-602 001. 3. The Executive Engineer, Public Works Department, Poonamallee, Thiruvallur District, Chennai- 600 056. 4. The Block Development Officer, Poonamallee Panchayat Union, Poonamallee, Chennai- 600 056. 5. Rajkumar Impex Private Limited, Rep. by its Vice President Mr.Kannan, No.1B, Brindavan Apartments, No.57/22, Gandhi Nagar 4th main Road, Adayar, Chennai- 600 020. https://www.mhc.tn.gov.in/judis WP No. 27652 of 2022 __________ Page2 of 7 6. The South Chennai Co-operative Housing Society Limited, Rep by its Secretary S.Babu, No.23, Kumaran Colony, 9th Street, Vadapalani, Chennai- 26. 7. T.K.S.Pugazendhi 8. P.Saravanan 9. P.Lokesh 10.M/s.SPE Homes Private Limited, Rep. by its Director P.Saravanan, “TKSPM Tower”, 2nd Floor, Trunk Road, Poonamallee, Chennai - 600 056. ..Respondents Writ Petition filed under Article 226 of the Constitution of I ndia, praying to issue a Writ of Mandamus, directing the respondents 1 t o 4 to take swift action against the 5th and 6th respondents to remove the encroachment caused in and over the canals formed in their layout bearin g S.F.Nos. 73,75,79,36,35,37,116, 117, 118,119, 121,10,11,12,3 2,33 etc. and also restore the water channels formed in S.F.Nos.73,74,75,76,77,79,80,82,115,116,117 and 119 wh ich were destroyed by the 5th and 6th respondents, by considering our represe ntations dated 25.07.2022, 21.09.2022 and 28.09.2022. For Petitioners: Mr.P.Krishnan For Respondents: Mrs.P.Veena Sures, Standing Counsel for R1 Mr.T.Arunkumar, Addl. Govt. Pleader for R2 & R3 Mr.N.Ramakrishnan for M/s.Waran and Sai Rams for R6 to R10 R4 – No appearance https://www.mhc.tn.gov.in/judis WP No. 27652 of 2022 __________ Page3 of 7 ORDER (Order of the Court was made by S.M.Subramaniam J.) The relief sought for in the present Writ Petition is to dir ect the respondents 1 to 4 to take action against the respondents 5 and 6 to remove the encroachments caused in and over the canal formed in t heir layout bearing S.F.Nos.73, 75, 79, 36, 35, 37, 116, 117, 118, 119, 121, 10, 11, 12, 32, 33, etc., and also restore the water channels formed in S.F.Nos.73, 74, 75, 76, 77, 79, 80, 82, 115, 116, 117 and 119, which were destroyed by the respondents 5 and 6, by considering the petitioners’ rep resentations dated 25.07.2022, 21.09.2022 and 28.09.2022. 2. The writ petitioners have made a complaint against the respond ents 5 and 6 on the ground that they have encroached upon the water body. Since no action has been take by the Authorities, the Writ Petitio n came to be instituted. 3. The Revenue Divisional Officer, Tiruvallur conducted an enquiry an d passed final orders in proceedings dated 02.11.2023, th ereby identified water body as well as the encroachments. The said proceedings wa s issued after conducting enquiry and by affording opportunity to all the parties. https://www.mhc.tn.gov.in/judis WP No. 27652 of 2022 __________ Page4 of 7 4. The learned Additional Government Pleader would submit that the compound wall constructed in the road causing obstruction to wate r channel, had already been removed and road has been laid for public usage. As far as the removal of encroachments in water body is concerned, on account of pendency of the present Writ Petition, further actions are yet to be taken. 5. The learned counsel for the impleaded respondents would subm it that in respect of the compound wall demolished, a civil suit has been instituted. In respect of the alleged encroachments in the water body, the claim set out by the Government is incorrect and the implea ded respondents are bona fide purchasers of the land. 6. If at all the impleaded respondents claim any title/ ownersh ip in respect of the water body encroachments, their remedy is t o approach the competent civil Court. As far as the Government Authorit ies are concerned, they have verified the revenue records and identified encroach ments in water body. Enquiry was also conducted by affording opportunity t o the parties by the Revenue Divisional Officer, Tiruvallur. That being the fa ctum, there is no impediment for the Authorities to remove the encroachments in the water body and resume the land and preserve the water body for the benefit of the public at large. The said exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. https://www.mhc.tn.gov.in/judis WP No. 27652 of 2022 __________ Page5 of 7 7. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. (S.M.S.,J.) (K.S.,J.) 06-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DSA https://www.mhc.tn.gov.in/judis WP No. 27652 of 2022 __________ Page6 of 7 To 1. The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai- 600 008. 2. The District Collector, Thiruvallur District, Thiruvallur-602 001. 3. The Executive Engineer, Public Works Department, Poonamallee, Thiruvallur District, Chennai- 600 056. 4. The Block Development Officer, Poonamallee Panchayat Union, Poonamallee, Chennai- 600 056. 5. Rajkumar Impex Private Limited, Rep. by its Vice President Mr.Kannan, No.1B, Brindavan Apartments, No.57/22, Gandhi Nagar 4th main Road, Adayar, Chennai- 600 020. 6. The South Chennai Co-operative Housing Society Limited, Rep by its Secretary S.Babu, No.23, Kumaran Colony, 9th Street, Vadapalani, Chennai- 26. 7. M/s.SPE Homes Private Limited, Rep. by its Director P.Saravanan, “TKSPM Tower”, 2nd Floor, Trunk Road, Poonamallee, Chennai - 600 056. https://www.mhc.tn.gov.in/judis WP No. 27652 of 2022 __________ Page7 of 7 S.M.SUBRAMANIAM, J. AND K.SURENDER, J. DSA WP No. 27652 of 2022 06-04-2026 https://www.mhc.tn.gov.in/judis