Madras High Court

WP/37669/2025 of T.SADAIYAN Vs THE SECRETARY TO GOVERNMENT on 7 October 2026

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WP No. 37669 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-10-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN

WP No. 37669 of 2025

CNR: {HCMA011461692025}

T.Sadaiyan

..Petitioner(s)

Vs

1. The Secretary To Government

Housing And Urban Development, St.

George Fort, Chennai-600 009

2. The Member Secretary

Chennai Metropolitan Development

Authority, Thalamuthu Natarajan Maligai, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008

3. The Commissioner

Greater Chennai Corporation

Chennai-600 003

4. The Chairman

Tamilnadu Slum Clearance Board,

Chennai-600 005

5. The Commissioner

Hindu Religious Charitable And

Endowment Department, Chennai-600 034

6. The Zonal Tahsildar

Thiruvalluvar High Road, Opp. Dunlop,

Ambattur, Chennai-600 053

7. The Tahsildar

Ambattur Taluk, Ambattur, Chennai-600

WP No. 37669 of 2025

8. The Estate Manager

Sidco, Branch Office, Sidco, Industrial

Estate, Ambattur, Chennai-600 053

9. The Inspector Of Police

T3, Korattur Police Station, Ambattur,

Chennai-600 053

10.Mrs. V. Thenmozhi

11.Mr. Vijay

12.Mr. Dinakar

..Respondent(s)

Writ petition filed under Article 226 of the Constitution of India issuing writ of mandamus directing 1st to 9th Respondents to consider and thereby disposing the Representations made by Petitioner on 11.01.2024, 28.02.2025 to demolish the unlawful and illegal construction building of the 10th respondent situated at Comprised in Survey No.885

Part, Pursuant to the enforcement Letter EC/N-II486/2024 dated on 29.01.2024 issued by 2nd Respondent dated 29.01.2024 and consequently direct the 3rd 6th and 7th Respondents to take necessary enforcement action against the construction under exercising the power delegated by CMDA and also as Per the MCMC Act 1919.

For Petitioner(s):

Mr.V.Vijayakumar

for Mr.S.Ramajayam

For Respondent(s):

Mr.R.Hashwanth

Government Advocate for R1,6&7

Ms.S.Ishaa

for Ms.P.Veena Suresh

Standing Counsel for CMDA for R2

Mr.D.B.R.Prabhu

Standing Counsel for R3

WP No. 37669 of 2025

Mr.B.Balaji

Standing Counsel for R4

Mr.Veenabathiram Prashanth

Government Advocate (HR &CE) for R5

Mr.N.Palanivel

Government Advocate (Crl. Side) for R9

Mr.S.Chinnasamy for R10&11

No appearance for R8&12

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ORDER

(Order of the Court was made by S.M.Subramaniam J.) The case of the petitioner is that encroachment has been made in respect of the Government Poramboke land by respondents 10 to 12.

2. Learned counsel for the Tamil Nadu Urban Habitat Development Board (erstwhile Slum Clearance Board) would submit that land was handed over to the Board for implementing Tamil Nadu Urban Development Project for providing houses to landless poor people in city. Board formed a layout and allotted housing plots to the beneficiaries. Writ petitioner is the allottee of Plot No.124 in the project. One Mr.Govindaswamy Mahalingam was allotted to Plot No.97. Plot No.98 was allotted to one Mr.Mani. The daughter of one Mani, Mrs.Thenmozhi is presently in occupation.

3. Learned counsel for the Board would submit that no encroachments are made and the allottees are in occupation of the respective portions of their plots.

WP No. 37669 of 2025

Regarding the classification that it is a Government Porombake, the Government has already handed over the land to the Board and the scheme was implemented, but the transfer of lands are yet to be taken place. Thus, the revenue records are not mutated.

4. However, learned counsel for the Chennai Corporation would submit that in the event of any unauthorized construction or violation, competent authority will conduct inspection and initiate actions under the relevant provisions of the Statues and Rules in force.

5. It is needless to state that the building constructions are to be made in accordance with the building plan permission granted by the Chennai Corporation.

6. In view of the above facts, petitioner has not made out any ground for granting the relief as such sought for in the present writ petition. Accordingly, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (R.R.V.,J.) 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD

WP No. 37669 of 2025

To

1. The Secretary To Government Housing And Urban Development, St. George Fort, Chennai-600 009

2. The Member Secretary Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maligai, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008

3. The Commissioner Greater Chennai Corporation Chennai-600

4. The Chairman Tamilnadu Slum Clearance Board, Chennai-600 005

5. The Commissioner Hindu Religious Charitable And Endowment Department, Chennai-600

6. The Zonal Tahsildar Thiruvalluvar High Road, Opp. Dunlop, Ambattur, Chennai-600 053

7. The Tahsildar Ambattur Taluk, Ambattur, Chennai-600

8. The Estate Manager Sidco, Branch Office, Sidco, Industrial Estate, Ambattur, Chennai-600 053

9. The Inspector Of Police T3, Korattur Police Station, Ambattur, Chennai-600 053

WP No. 37669 of 2025

S.M.SUBRAMANIAM, J. AND R.RAJESH VIVEKANANTHAN, J. GD WP No. 37669 of 2025 07-10-2026

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