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Madras High Court

Konambedu Gramma Pothu Nalla Sangham vs The District Collector on 9 March, 2026

Author: S. M. Subramaniam

Bench: S. M. Subramaniam

2026:MHC:974 WP No. 16314 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-03-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER WP No. 16314 of 2021 AND WMP NO. 27004 OF 2021,WMP NO. 29437 OF 2025, WMP NO. 29442 OF 2025 &WMP NO. 17285 OF 2021 Konambedu Gramma Pothu Nalla Sangham Rep. by its President G.Karunanidhi, 1/3, Vinayagar Koil Street, Konambedu, Chennai 77 ..Petitioner(s) Vs

1. The District Collector Thiruvallur District

2. The Revenue Divisional Officer Thiruvallur

3. The Tahsildhar Avadi, Chennai 54

4. St.Peters Institute of Higher Education and Research through its chairman, College Road, Paruthipattu, Avadi, Chennai 54

5. M/s. St.Joseph Educational Trust Rep. by its Managing Trustee, having its office at St.Peters Institute of Higher education and Research, College Road, Paruthipattu, Avadi, Chennai 54

6. The Chief Educational Officer Thiruvallur District, Thiruvallur

7. The Block Educational Officer Poonamallee, Chennai

8. The Principal __________ Page1 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 05:44:48 pm ) WP No. 16314 of 2021 Avadi Municipal High School, Konambedu, Chennai 77

9. The Inspector of Police T6 Police Station, Avadi, Chennai 54

10. The Commissioner, Avadi Corporation, Chennai.

(10th Respondent suo-motu impleaded as per order dated 09.03.2026 passed by SMSJ & KSJ) ..Respondent(s) To direct the Respondents 1 to 5 to inspect the entire stretch of land in S.F. Nos. 320, 323 and 333 in the Konambedu-Narayanpuram Villages, in Parthipattu Majura, in Avadi Taluk in Thiruvallur District and direct the Respondents to remove all illegal encroachments on these public lands which include thrashing lands, water catchment area, farm nursery land encroached by the 5th and 6th respondents and consequently to provide the retrieved lands for the public use such as public park, village community hall, village toilet and more particularly for building and providing necessary infrastructures for the 9th respondent/Avadi Municipal Government High School, Konambedu, Parthipattu, Chennai 600 077, such as school play ground, auditorium, school laboratory, school library, adequate toilet facilities for the students, class room buildings to enable the school to et further approval upto Standard XII and provide better education to the needy and poor children immediately and submit the action taken and report before this Court.

WP No. 16314 of 2021

For Petitioner(s): Mr.M.Purushothaman For Respondent(s): Mr.T.Arunkumar, Addl.G.P. for R1 to R3 and R6 to R9 Mr.M.Sri Ram for R4 No appearance for R5 Mr.RA.Gopinath,Standing Counsel for R10 __________ Page2 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 05:44:48 pm ) WP No. 16314 of 2021 Order (Order of the Court was made by S.M.Subramaniam J.) Writ of Mandamus has been instituted to direct the respondents 1 to 5 to inspect the entire stretch of land in S.F. Nos. 320, 323 and 333 in the Konambedu-Narayanpuram Villages, in Parthipattu Majura, in Avadi Taluk in Thiruvallur District and direct the Respondents to remove all illegal encroachments on these public lands which include thrashing lands, water catchment area, farm nursery land encroached by the 5th and 6th respondents and consequently, provide the retrieved lands for the public use such as public park, village community hall, village toilet and more particularly, for building and providing necessary infrastructures for the 9th respondent/Avadi Municipal Government High School, Konambedu, Parthipattu, Chennai 600 077, such as school play ground, auditorium, school laboratory, school library, adequate toilet facilities for the students, class room buildings to enable the school to get further approval up to Standard XII and provide better education to the needy and poor children immediately and submit the action taken and report before this Court.

2. Pursuant to the interim direction issued by this Court, the District Collector, Tiruvallur, authorised the District Revenue Officer, Tiruvallur to inspect the subject property involved in the present writ petition and to submit a report. The District Revenue Officer, conducted inspection, surveyed the __________ Page3 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 05:44:48 pm ) WP No. 16314 of 2021 land in S.F. Nos. 320, 323 and 333 in the Konambedu-Narayanpuram Villages, in Parthipattu Majura, in Avadi Taluk and submitted his report.

3. As per the report, the subject lands stood registered in “Re-survey and Re-settlement ‘A’ Register. Paragraph Nos.5, 7, 8 & 9 of the status report of the District Collector, Tiruvallur are extracted hereunder:

“5. It is submitted that the subject lands are stood registered in “Re-survey and Re-settlement ‘A’ Register as follows:-
Sl. Survey No. Classification of land Total extent Remarks No. (Acre.Cents)
1. 320 Govt. Poromboke 0.87 Kallanguthu (Stone Ground)
2. 323 Govt. Poromboke 0.54 Pallam (Pit)
3. 333 Govt. Poromboke 11.65 Kalam (Threshing Floor)
7. It is submitted that in the result of inspection made by the District Revenue Officer, Tiruvallur, the encroachments made by the St.Peter’s Institute of Higher Education & Research Institute were identified and the same are detailed below:-
Sl. Town Old Classification Total Encroa Type of Remarks No. Survey Survey Extent ched Encroach No. No. (Sq. Extent ment Mtr) in Sq.

Metre

1. 5/11 320 Sarkar 3500 232 Compound Kallanguthu Poromboke Wall

2. 5/11 320 Sarkar 3500 132 College Kallanguthu Poromboke Building __________ Page4 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 05:44:48 pm ) WP No. 16314 of 2021

3. 7/2 323 Sarkar 2200 665 Road Pallam Poromboke

4. 7/2 323 Sarkar 2200 723 College Pallam Poromboke Building

5. 8/2 333 Sarkar 43227 724 Compound Kalam Poromboke Wall

8. It is further submitted that the Avadi Municipal Corporation has constructed an Animal Breeding Centre with an extent of 126 Sq.Meter in Town Survey No.5/11 (Old Survey No.320) classified as Sarkar Poromboke – Kallankuthu of Paruthipattu Village, Avadi Taluk, Tiruvallur District.

9. It is submitted that in order to evict the encroachments in the subject lands, the Tahsildar, Avadi and the commissioner of Municipal Corporation, Avadi were instructed to evict the encroachments made by the said Educational Institutions in accordance with the due procedure of the Tamilnadu Land Encroachment Act, 1905.”

4. In view of the report submitted by the District Collector, Tiruvallur, the Commissioner, Avadi Corporation has to initiate appropriate action. Thus, the Commissioner, Avadi Corporation has been suo-motu impleaded as the 10 th respondent in the present writ petition.

5. The District Collector, Tiruvallur, is directed to communicate a copy of this order to the Commissioner, Avadi Corporation. The Commissioner, Avadi Corporation, shall initiate enforcement action with the assistance of the revenue authorities, by following the procedures under the relevant statute and rules in force for eviction of encroachers. The Commissioner, Avadi __________ Page5 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 05:44:48 pm ) WP No. 16314 of 2021 Corporation has to report to the District Collector, who in turn, shall monitor the enforcement action. It is needless to state that opportunity has to be provided to the alleged encroachers also. The enforcement action are directed to be initiated as expeditiously as possible, preferably within a period of twelve weeks from the date of receipt of a copy of this order Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

(S.M.S.,J.) (K.S.,J.) 09-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VSI To

1. The District Collector Thiruvallur District

2.The Revenue Divisional Officer Thiruvallur

3.The Tahsildhar Avadi, Chennai 54

4.The Chief Educational Officer Thiruvallur District, Thiruvallur

5.The Block Educational Officer Poonamallee, Chennai __________ Page6 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 05:44:48 pm ) WP No. 16314 of 2021

6.The Inspector of Police T6 Police Station, Avadi, Chennai 54

7. The Commissioner, Avadi Corporation, Chennai.

__________ Page7 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 05:44:48 pm ) WP No. 16314 of 2021 S.M.SUBRAMANIAM J.

AND K.SURENDER J.

vsi WP No. 16314 of 2021 09-03-2026 __________ Page8 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 05:44:48 pm )