Sri Ganapathy Nagar Pothunala Mandram v. State of tamil Nadu
WP/15620/2021 · 2025-10-14
G K Ilanthiraiyan
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 50119 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50119 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
WP.No.15620 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.10.2025 CORAM THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN WP.No.15620 of 2021 and WMP.No.16536 of 2021 Sri Ganapathy Nagar Pothunala Mandram Rep. By its Secretary, Anbazhahan, Thirumullaivayil, Chennai 600 082 ... Petitioner Vs 1.State of Tamil Nadu, Rep.by its Secretary to Government, Revenue Department, Secretariat, Fort St.George, Chennai 600 009 2.The Additional Chief Secretary/ Commissioner of Land Administration Ezhilagam, Chepauk, Chennai 600 005 3.The District Collector, Thiruvallur District 4.The District Revenue Officer, Thiruvallur 5.The Superintending Engineer, Public Works Department, Palar Basin Circle, WRO, Chepauk, Chennai 600 005 6.The Chairman, TamilNadu Housing Board, 1/6 https://www.mhc.tn.gov.in/judis
WP.No.15620 of 2021 No.493, Anna Salai, Nandanam, Chennai 600 035 ... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 herein to grant preferential allotment to the petitioner in respect of the lands of an extent of 7.38 acres in survey No.866/3, Thirumullaivoyil, Ambattur Taluk, Thiruvallore District. For Petitioner : Ms.R.Priyadarshini for M/s.SA Kanmani For Respondents For R1 to 5: Mr.P.Ganesan, Government Advocate For R6 : Mr.A.M.Ravindranath Jeyapal, Standing Counsel ORDER This writ petition has been filed for direction to respondents 1 to 3 to grant preferential allotment to the petitioner in respect of the lands comprised in survey No.866/3 to an extent of 7.38 acres situated at Thirumullaivoyil, Ambattur Taluk, Tiruvallur. 2. The petitioner's members are landless poor and are residing in 2/6 https://www.mhc.tn.gov.in/judis
WP.No.15620 of 2021 the property comprised in survey No.866/3 to an extent of 7.38 acres situated at Thirumullaivoyil, Ambattur Taluk, Tiruvallur. They were originally residing in the subject land and later by GO.Ms.No.743 Housing and Urban Development Department dated 17.06.1988 to an extent of 58.15 acres classified as 'yeri ulvai' of the land comprised in survey No.866/9 of Thirumullaivoyil. It was alienated in favour of Tamilnadu Housing Hoard for the implementation of sites and services scheme. After alienation of the lands, the question of classification as 'yeri ulvai' does not arise and as per the revenue records, it is classified as 'yeri ulvai'. Therefore, the members of the petitioner were directed to be evicted from the subject property and the same was challenged before this Court in WP.No.14107 of 2003 and it was dismissed by an order dated 22.03.2003.
Thereafter, the petitioner submitted representation requesting to regularise the encroachments in the light of the orders under one time regularisation scheme. However, it was not considered. Therefore, the petitioner submitted representation for preferential allotment to the petitioner. 3. On perusal of the counter filed by the third respondent and on 3/6 https://www.mhc.tn.gov.in/judis
WP.No.15620 of 2021 the submissions made by the learned Government Advocate appearing for respondents 1 to 5, it is revealed that the land comprised in survey No.866/3 to an extent of 58.15 acres situated at Thirumullaivoyil and Avadi Taluk as per GO.Ms.No.743 Housing and Urban Development Department dated 17.06.1988 to be placed at the disposal of the Tamil Nadu Housing Board for implementation of sites and services component of Tamilnadu Urban Development Projects. Out of 58.15 acres to an extent of 43.54 acres alone was taken possession by the Tamil Nadu Housing Board. Out of the remaining extent of 14.64 acres, Tamilnadu Housing Board had taken possession 4.21 acres on its own by way of fencing. Insofar as the remaining extent of 10.40 acres, the same is under the request of the petitioner as house sites in favour of 176 members who were stated to be affected by the eviction from the land comprised in survey No.866/3. In fact, in the earlier round of litigation, the writ petition filed by the petitioner in WP.No.14107 of 2020 was dismissed by this Court. Subsequently, the tender notification was challenged in WP.No.25109 of 2004 and by an order dated 03.11.2008, this Court dismissed the writ petition. Now the representation submitted by the petitioner seeking allotment of house site patta to the petitioner's 4/6 https://www.mhc.tn.gov.in/judis
WP.No.15620 of 2021 members cannot be considered due to subsequent ban orders issued by the Hon'ble Supreme Court of India to grant patta in the water body poramoke lands. Therefore, the request made by the petitioner cannot be considered.
However, the members of the petitioner settled in various places as per their own sources. Hence, they are not in acute need of house sites. 4. In view of the above discussion, the prayer sought for in this writ petition cannot be considered. As such, this writ petition is liable to be dismissed. Accordingly, this writ petition is dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. 14.10.2025 Index:Yes/No Neutral citation:Yes/No Speaking/Non speaking lok
G.K.ILANTHIRAIYAN, J. 5/6 https://www.mhc.tn.gov.in/judis
WP.No.15620 of 2021 lok To 1.Secretary to Government, State of Tamil Nadu, Revenue Department, Secretariat, Fort St.George, Chennai 600 009 2.The Additional Chief Secretary/ Commissioner of Land Administration Ezhilagam, Chepauk, Chennai 600 005 3.The District Collector, Thiruvallur District 4.The District Revenue Officer, Thiruvallur 5.The Superintending Engineer, Public Works Department, Palar Basin Circle, WRO, Chepauk, Chennai 600 005 6.The Chairman, TamilNadu Housing Board, No.493, Anna Salai, Nandanam, Chennai 600 035 7.The Government Advocate High Court of Madras WP.No.15620 of 2021 14.10.2025 6/6 https://www.mhc.tn.gov.in/judis