MR.HYDER ALI vs THE COMMISSIONER
- Court
- Madras High Court
2026:MHC:1731
WP No. 36997 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-04-2026
CORAM
THE HON'B
LE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE K. SURENDER
WP No. 36997 of 2025
Mr.Hyder Ali
S/o.Sultan, D.No.119 /59, Prakasam Salai,
(previously Known As Broadway),
Chennai 600 101.
..Petitioner(s)
Vs
1. The Commissioner
Corporation Of Chennai, Rippon Buildings,
Chennai 600 003.
2. The Commissioner Of Police,
O/o.The Commissioner Of Police,
Vepery, Chennai 600 003.
3. The Regional Deputy Commissioner (north)
No.62, Basin Bridge Road,
Old Washermenpet, Chennai 600 021.
4. The Zonal Officer,
Zone V, (royapuram), No.62,
Basin Bridge Road, Old Washermenpet,
Chennai 600 021.
5. The Inspector Of Police,
B-1, North Beach Police Station,
Chennai 600 001.
..Respondent(s)
To direct the respondents to evict the illegal encroachments at Angappa
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WP No. 36997 of 2025
Naicken street and keep constant police to avert further encroachment at
Angappa Naicken Street in the circumstances of the case.
WP No. 36997 of 2025
For Petitioner(s): Mr.R.Sathiyamoorthy
For Respondent(s): Mr.A.Arun Babu,
Standing Counsel for R1, R3 & R4
Mr.M.Babu Muthu Meeran,
Addl.P.P. for R2 & R5
Order
(Order of the Court was made by S.M.Subramaniam J.)
Writ of Mandamus has been instituted to direct the respondents to evict
the illegal encroachment at Angappa Naicken Street, Chennai-1.
2. The Assistant Commissioner, Greater Chennai Corporation,
conducted inspection and identified 38 hut dwellers encroached the streets.
They have put up some small huts as well as movables. The Corporation
officials have already removed the movables. As far as the huts are
concerned, 38 families are residing and they are to be relocated suitably by
providing alternate accommodation.
3. Learned Standing Counsel for the Corporation would submit that
these hut dwellers are residing by occupying the street areas for the past
more than 40 years. Thus, eligible homeless poor encroachers are to be
identified and an enumeration list is to be prepared and to be communicated
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to the Tamil Nadu Urban Habitat Development Board for providing tenement
to the homeless poor people and thereafter, the huts illegally constructed will
be removed and the streets will be maintained properly.
4. No doubt, street encroachers are causing obstructions for the road
users and all such encroachments are to be removed in a systematic manner.
However, if any homeless people are in occupation of such streets and in the
present case for about 40 years, then it is the duty mandated on the State
under the Constitution to protect their livelihood. In this regard, the
Corporation, in co-ordination with the revenue authorities and police
Department has to prepare enumeration list of eligible families and send a list
to the Tamilnadu Urban Habit Development Board for allotment of alternate
accommodations in any of the projects available under the Government
schemes. Once, the tenements are allotted or if any encroacher is found
ineligible to avail the tenement, then, the encroachments are to be removed
by the competent authorities.
5. In view of the above factual position, the official respondents are
directed to take immediate steps to identify the eligible encroachers to avail
the Government schemes and provide alternate accommodation and remove
them from the road encroachments. If any ineligible persons are encroachers,
then those encroachers are to be removed without any further reference and
by following the procedures as contemplated under the relevant provisions of
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WP No. 36997 of 2025
the Act and Rules. The said exercise is directed to be completed as
expeditiously as possible.
6. With the above directions, the Writ Petition is disposed of. No costs.
(S.M.S.,J.) (K.S.,J.)
30-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
VSI
To
1. The Commissioner
Corporation of Chennai,Rippon Buildings,
Chennai 600 003.
2. The Commissioner Of Police,
O/o.The Commissioner Of Police, Vepery,
Chennai 600 003.
3. The Regional Deputy Commissioner (North)
No.62, Basin Bridge Road, Old
Washermenpet, Chennai 600 021.
4. The Zonal Officer,
Zone V, (Royapuram), No.62, Basin Bridge
Road, Old Washermenpet, Chennai 600 021.
5. The Inspector Of Police,
B-1, North Beach Police Station,
Chennai 600 001.
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WP No. 36997 of 2025
S.M.SUBRAMANIAM J.
and
K.SURENDER J.
vsi
WP No. 36997 of 2025
30-04-2026
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