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2026 DIGILAW 597 (MAD)

Lion. G. Devarajan, S/o (Late) J. Gopalakrishnan v. Additional Chief Secretary Commissioner Of Land Reforms Commissionerate Of And Reforms

2026-02-16

C.KUMARAPPAN, S.M.SUBRAMANIAM

body2026
ORDER : S.M.Subramaniam, J. Writ of Mandamus has been instituted to direct the respondents to conduct survey in Perambur Taluk, Sembium Village. Ward 001, Block No. 22,Old Survey number 116 / Part, 116/2 Part, 112 Part, 106/1Part and 106/5 (New) Survey No. 46/0, Survey No. 47/0, Survey No. 48/0 Survey No. 45/1 (Kuttai) Survey No. 45/2 Survey No. 45/3 Survey No. 45/4 Survey No. 45/5 Survey No. 45/6, Survey No. 45/7 Survey No. 45/8, Survey No. 45/9, Thilainayagam 2nd street, totally measuring 48960 Sq. ft., out of totally measuring an extent of 6,00,00,000 sq. ft nearly 100 Acers to 150 Acers, in revenue record, which is muted as Pond and Government Poramboke Land, Kuttai and the superstructures therein, which are authorized/ unauthorized/ deviated and to take necessary and immediate steps in accordance with law and to demolish the offending construction and to disconnect the metro water and sewage, electricity connections and to evict all types of encroachments and restore it as lake. 2. The Collector of Chennai has filed a status report in respect of the subject property and the details as well as the classification are stated in paragraph Nos. 5 and 6 of the status report, which reads as under: 5. It is respectfully submitted that on perusal of the computerized Town Survey Land records shows that the aforesaid lands (Subject properties) are registered in the following names to the extent noticed against each and the state on ground of the land during the joint inspection is submitted below Village Sembium Block No.22 Sl. No. T.S.No Old S.No Classification Extent Sq.Metres Name of the Registered holder Land Usage State on ground during Joint Inspection 1. 45/1 116/1 part 2 part Ryotwari Manai 6796.50 Balakrishna Tawker Kuttai Vacant & 104 Nos. Pucca Houses 2. 45/2 116/1 part 116/2 part Ryotwari Manai 882.00 Savithiri and 11 others Vacant Vacant 3. 45/3 116/1 part 116/2 part Ryotwari Manai 1246.00 Kalaivani and 16 others Vacant Vacant 4. 45/4 116/1 part 116/2 part Ryotwari Manai 1339.50 Kalaivani and 16 others Vacant Vacant 5. 45/5 116/1 part 116/2 part Ryotwari Manai 293.00 Savithiri and 11 others Vacant Vacant 6. 45/6 116/1 part 116/2 part Ryotwari Manai 88.00 Ethiraj Vacant Vacant 7. 45/7 116/1 part 116/2 part Ryotwari Manai 95.50 Ethiraj Vacant and copound walm House 8. 45/8 116/1 part 116/2 part Ryotwari Manai 148/50 Savithiri and 11 others Vacant Vacant 9. 45/5 116/1 part 116/2 part Ryotwari Manai 293.00 Savithiri and 11 others Vacant Vacant 6. 45/6 116/1 part 116/2 part Ryotwari Manai 88.00 Ethiraj Vacant Vacant 7. 45/7 116/1 part 116/2 part Ryotwari Manai 95.50 Ethiraj Vacant and copound walm House 8. 45/8 116/1 part 116/2 part Ryotwari Manai 148/50 Savithiri and 11 others Vacant Vacant 9. 45/9 116/1 part 116/2 part Ryotwari Manai 486.50 Savithiri and 11 others Vacant Vacant 10. 45/10 116/1 part 116/2 part Ryotwari Manai 131.50 Mohammed Arif Building 1 Pucca House 11. 45/11 116/1 part Ryotwari Manai 61.0 Dilavar Shila Building 1 Pucca House 12. 45/12 Ryotwari Manai 98.0 V.Purushothaman Building 1 Pucca House 13. 45/13 116/1 part 116/2 part Ryotwari Manai 113.0 Raja and 2 others Building 1 Pucca House 14. 46 116/1 pt, 2 pt 112pt.106/5 pt. Circar Poromboke 2128.00 … Hospital A.E. Office Corporation Hospital & Ward 68 AE Office 15. 47 116/1 pt. 112 pt. 106/7 106/1 pt. 108 Circar Poromboke 4700.00 … Corporation of Chennai 1. 8 Nos.Pucca Houses encroachments 2. School-encroachment 3. Temple-encroachment 4. Public Library 5.Public toilet 6. Amma Canteen 7. Corporation Aided School. 16. 48 116/1 part 2 part 115 participated Circar Poromboke 305.00 Balakrishna Tawker Thillainayagam pillai 2nd Lane Thittainaagam pillai 2 nd Lane street Ryotwari Mania Extent Sarkar Poromboke Extent Grand tota 12083.5 6828.00 18911.5 As per the land records available in the taluk office Perambur, the total extent involved in the subject property is only 1.8508 Hectares which is equivalent to 4.57 acres only. Besides this, the portion of land that stands classified as “Kuttai” is comprised in Old. S.No.116/1 which correlates to. 6. It is submitted that settlement Register pertaining to the year 1875 reveals that old S.No.116 is registered in the name of Krishnaji Tawker. It is respectfully submitted that old Village Resettlement Registers pertaining to the year 1911 reveals that Old S.No.116/1 which coorelates to T.S.No.45/1 of Block No.22 of Sembium Town is originally a Ryotwari Manai and stands registered in the name of Krishnaji Tawker. Subsequently, after subdividing the land pattas were issued by the then Tahsildars based on the documents submitted by the land owners. Subsequently, after subdividing the land pattas were issued by the then Tahsildars based on the documents submitted by the land owners. Though he land usage in Town Survey Land records (c&uh) is earmarked as “Kuttai”, it is presumed that the “Kuttai” might have been used as waterbody for residential purpose which is situated in the Ryotwari Manai classification and not a Waterbody in a Government Poramboke land. Though the usage of the said land is furnished as “Kuttai”, the said land stands classified as “Ryotwari manai” and was under the possession of Balakrishna Tawker and registered in his name in the Town Survey Land Records (Land Records pertaining to the year 1875, 1911 and Fair Land Register are enclosed) 3. In view of the above report of the Collector, it is made clear that the subject property is classified as “Ryotwari Manai” and not classified as water body. That being the report given based on the revenue records, no further adjudication regarding eviction would arise and consequently, the Writ Petition stands disposed of. No costs.