R.Muniyammal vs The State of Tamilnadu Rep by
- Court
- Madras High Court
WP No. 43439 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-10-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP No. 43439 of 2026
CNR:{HCMA012499092026}
AND
WMP NO. 48751 OF 2026
R.Muniyammal
D/O.Venkatesan
No.5/4,Muthukumarappa street
Chidharajan colony
Peravallur, chennai-600 082
..Petitioner(s)
Vs
1. The State of Tamilnadu Rep by
The Additional secretary(Technical)
Housing and Urban Development Department
Secretariat, Fort St.George,
Chennai-600 009.
2. The Commissioner
Greater chennai corporation
Ripon building, Chennai-03
3. The Executive Engineer
Zone-VI, Greater chennai corporation
Ripon Building, Chennai
4. The Assistant Executive Engineer
Unit.15, Zone-06, Greater chennai corporation
shop No.24, Jaganathan street
Ayanavaram, Perambur
chennai-600 082.
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5. The Assistant Engineer
Greater chennai corporation
Div.069,Zone-06, Vasantha Nagar
chinna Chembarambakkam
Ayanavaram, Chennai-600 023
..Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for
a Writ of Certiorari calling for the records relating to the order dated 1.10.2026
bearing Letter No.102696291/UD-VII(1)/2025-3 passed by the 1st respondent
quash the same as illegal and improper .
For Petitioner(s): Mr.S.Kingston Jerold
For Respondent(s): K.Surender
Special Government Pleader For R-1
Mr.E.C. Ramesh
Standing Counsel For R 2-5
Order
(Order of the Court was made by S.M.Subramaniam J.)
This writ petition has been instituted challenging the Government Order
dated 01.10.2026 passed under Section 80A of the Tamil Nadu Country
Planning Act, 1972 (hereinafter referred to as ‘the Act’).
2. One Mr.Dattatraeyi has given a complaint to remove the unauthorised
building constructed by the petitioner. Since the authorities failed to initiate
action, he filed W.P.No.27645 of 2024, the Division Bench of this Court
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passed an order on 12.03.2025 directing the Chennai Corporation authorities
to continue the enforcement actions and demolished the unauthorised
construction. In pursuance of the orders of this Court, lock and seal and
demolition notice was issued. The said notice came to be challenged by the
writ petitioner herein in W.P.No.19395 of 2025 and the Division Bench of this
Court passed an order on 28.05.2025 directing the authorities to consider the
stay application and the appeal filed under the Act.
3. Thereafter, another writ petition was filed by the writ petitioner in
W.P.No.46305 of 2025 challenging the letter dated 06.11.2025, the Division
Bench of this Court dismissed the writ petition on 03.12.2025. Hence, the writ
petitioner filed a statutory appeal under Section 80A of the Act. The
Government issued notice to the parties, conducted enquiry in detail and
passed a speaking order in proceedings dated 01.10.2026, which is under
challenge in the present writ petition.
4. Even at this juncture, the petitioner is unable to produce any
document to establish that the building plan approval was granted by the
competent authority. The land in question is also classified as “Natham”. In
respect of “Natham” lands, it vests with the Government and to be regulated in
accordance with the terms and conditions stipulated in RSO 21. Mere
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occupation of Natham land would not confer any ownership and assignment
has to be made by the Government to the extent as stated under RSO 21 in
favour of homeless poor persons. In other words, Natham lands may be
utilised for public purposes or may be assigned in favour of homeless poor
persons to an extent of 3 cents for construction of dwelling houses. This
being the spirit of RSO 21, occupation of Natham lands by any person would
not confer any ownership and such occupants are to be treated as
encroachers and the Revenue Standing Orders further contemplates that such
encroachments can be removed by invoking the provisions of the Tamil Nadu
Land Encroachment Act. When the Revenue Standing Orders, in
unambiguous terms reiterate the procedures to be followed in respect of
Natham lands, the very occupation of the petitioner cannot be considered by
this Court and she should be treated as encroacher.
5. Learned counsel for the petitioner would submit that the petitioner is a
homeless person and is residing in the subject property for several years. The
building was constructed 40 years ago and she is residing there. Now the
authorities are raising objections. If the said fact is correct, then the petitioner
is at liberty to submit her application to the competent authority for allotment of
land in accordance with RSO 21 provided she is able to establish that she is a
homeless poor person. On such receipt of application, the same may be
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considered under any one of the welfare schemes of the Government in order
to protect the livelihood of the petitioner. However, in respect of the subject
property, the authorities have identified that it is unauthorised occupation and
no building plan permission has been obtained. The Government has
afforded opportunity and the findings in the impugned order would show that
the petitioner has not produced any document to establish her right.
6. That being so, this Court does not find any infirmity in respect of the
impugned order dated 01.10.2026 passed under Section 80A of the Act and
the enforcement actions initiated by the authorities cannot be said to be infirm.
The authorities shall proceed with the enforcement actions and demolish the
unauthorised construction. With the above direction, the writ petition stands
dismissed. No costs. Consequently, connected miscellaneous petition is
closed.
(S.M.S.,J.) (R.R.V.,J.)
30-10-2026
Index: Yes
Speaking order
Neutral Citation: Yes/No
KST
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WP No. 43439 of 2026
To
1. The State of Tamilnadu Rep by
The Additional secretary(Technical)
Housing and Urban Development Department
Secretariat, Fort St.George,
Chennai-600 009.
2. The Commissioner
Greater chennai corporation
Ripon building, Chennai-03.
3. The Executive Engineer
Zone-VI, Greater chennai corporation
Ripon Building, Chennai
4. The Assistant Executive Engineer
Unit.15, Zone-06
Greater chennai corporation
shop No.24, Jaganathan street
Ayanavaram, Perambur
Chennai-600 082
5. The Assistant Engineer
Greater chennai corporation
Div.069,Zone-06, Vasantha Nagar
chinna Chembarambakkam
Ayanavaram, Chennai-600 023
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WP No. 43439 of 2026
S.M.SUBRAMANIAM J.
AND
R.RAJESH VIVEKANANTHAN J.
KST
WP No. 43439 of 2026
AND
WMP NO. 48751 OF 2026
30-10-2026
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