WP/5621/2026 of S.B.Muraliraj Vs The Executive Engiener and Service Officer on 16 October 2026

ORDER

(Order of the Court was made by S.M.Subramaniam J.) This Writ Petition has been filed seeking a direction to the respondents R1 and R2 to take appropriate legal action against respodnent-R3 and remove

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WP No. 5621 of 2026

the encroachments in the land property in Survey No.100/3B1 Part TSN 328, WARD 001, Block No.15, Plot No.2/310 EWS-Type measuring 0705 square feet situated at Kodungaiyur Village, Tamil Nadu Housing Board Urban Development Project, Kodungaiyur Phase-II by considering the petitioner’s representation dated 29.12.2025.

2. The learned counsel for the petitioner would submit that the petitioner purchased the subject housing plot from the Tamil Nadu Housing Board and a sale deed was executed in favour of the petitioner by the Housing Board on 22.07.2025. Thus, the petitioner became the absolute owner of the subject residential plot. The petitioner made a complaint stating that the respondents 3 to 6 have encroached upon the housing plot, constructed a religious institution and causing nuisance to the people residing in that locality. Under the provisions of the Act, religious institutions are to be constructed only with the prior permission of the District Collector concerned. If the construction made by the contesting respondents are unauthorized and the religious institutions are functioning without prior permission from the District Collector then, the petitioner is at liberty to submit an appropriate complaint to the authority concerned. On receipt of any such complaint, the authorities shall initiate appropriate action to deal with the unauthorized construction and any other illegality etc.

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WP No. 5621 of 2026

3. However, the writ Court cannot issue a direction, since the land belongs to the petitioner and the person encroached is also a private person. It is also brought to the notice of this Court that the petitioner has lodged a complaint with the Inspector of Police regarding the alleged nuisance and other grievances. The Inspector of Police shall initiate appropriate action in the manner known to law. Even actions are to be initiated under the Noise Pollution (Regulation and Control) Rules, 2000. The District Collector concerned also may look into the complaint and initiate appropriate action.

4. With the above directions, this Writ Petition stands disposed of. No costs. (S.M.S.,J.) (B.K.,J.) 16-10-2026 Index: Yes Speaking Neutral Citation: Yes/No KKN

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WP No. 5621 of 2026

To

1. The Executive Engineer and Service Officer Annanagar Division, Tamil Nadu Housing Board, Thirumangalam, Annanagar West Extension, Chennai-600 101.

2. The Inspector of Police, P6-Kodungaiyur Police Station, Kodungaiyur, Chennai.

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WP No. 5621 of 2026

S.M.SUBRAMANIAM, J. AND B.KARTHIKEYAN, J. KKN WP No. 5621 of 2026 16-10-2026

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