W.P.No.20570 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.08.2025 CORAM : THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P.No.20570 of 2024 and W.M.P.No.22508 of 2024 J.Prabakaran S/o.Jayarama Naicker, No.6, 1st Floor, 1st Block, Pace Prana Apartment, Padikuppam Road, Anna Nagar, Chennai-600 040. Petitioner Vs 1.The Government of Tamil Nadu Rep. by its Secretary, Housing and Urban Development Dept, Fort St. George, Chennai. 2.Tamil Nadu Housing Board Rep. by its Chairman or (MD) Tamil Nadu Housing Board Complex, Nandanam, Chennai-600 035. 3.The Secretary and Administrative Officer Tamil Nadu Housing Board Anna Nagar Division, 1st Floor, Tamil Nadu Housing Board , Commercial Complex, Thirumangalam Chennai. Respondents ______________ https://www.mhc.tn.gov.in/judis W.P.No.20570 of 2024 PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 2 and 3 to conduct survey of their land situated in Survey No.251, Padikuppam Village, Ambattur Taluk, Chennai District, as per the letter dated 26-04-2024 issued by the 3rd respondent in No.Aa.N.Ko/ Survey/4503/2008 by correlating with old survey documents, before proceeding with the construction of the superstructure on their property by encroaching upon the Koyambedu Main Road and the rain water drainage canal adjacent to the Padikuppam Main Road. For Petitioner: Mr.S.R.Shanmugadoss for Mr.M.L. Ramesh For Respondents: Mr.K.Karthik Jagannath Govt. Advocate for respondent No.1 Mr.A.M.Ravindranath Jeyapal Standing Counsel for respondent Nos.2 and 3 ORDER (Order of the Court was made by the Hon'ble Chief Justice) Heard. 2. In response to the petitioner's allegation that while raising superstructure the Housing Board has encroached upon the Koyambedu Main Road and the rain water draining canal adjacent to the Padikuppam Main Road, a detailed affidavit has been filed by ______________ https://www.mhc.tn.gov.in/judis W.P.No.20570 of 2024 the third respondent. The affidavit reveals that more than one survey was carried out and finally the survey report reveals that there is no encroachment by the Housing Board. 3. Though learned counsel for the petitioner would submit that these documents of survey report have not been shared, this being a public interest litigation, there is no necessity of requiring the petitioner to be a part of the survey proceedings. 4. As disputed facts are involved, because the survey report does not support the petitioner's allegation, no further proceedings can be drawn and, therefore, the petition is closed. There shall be no order as to costs. Consequently, interim application stands closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 29.08.2025 Index : Yes/No Neutral Citation : Yes/No sasi ______________ https://www.mhc.tn.gov.in/judis W.P.No.20570 of 2024 To: 1.The Secretary, Government of Tamil Nadu Housing and Urban Development Dept., Fort St. George, Chennai. 2.The Chairman or (MD) Tamil Nadu Housing Board Tamil Nadu Housing Board Complex, Nandanam, Chennai-600 035. 3.The Secretary and Administrative Officer Tamil Nadu Housing Board Anna Nagar Division, 1st Floor, Tamil Nadu Housing Board , Commercial Complex, Thirumangalam Chennai. ______________ https://www.mhc.tn.gov.in/judis W.P.No.20570 of 2024 THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J. (sasi) W.P.No.20570 of 2024 29.08.2025 ______________ https://www.mhc.tn.gov.in/judis