G.Sankar v. The Commissioner

ORDER (Order of the Court was made by the Hon'ble Chief Justice) The petitioner has filed this writ petition seeking issuance of a writ of mandamus to direct respondent Nos.1 to 4 to consider petitioner's representation dated 14.02.2026 and take action against the construction put up by the fifth respondent in Municipal Corporation Ward Nos.25 and 26, T.S.No.529/5, Block No.1, Ward No.3, Tiruvannamalai.

¶2Alleging that the fifth respondent is constructing a temple and canal over land classified as "Sarkar Poramboke" and the said activity is weakening the structure of the building put up by the petitioner, he has sent a representation on 14.2.2026 to the respondent authorities. As the said representation did not evoke any response, the present writ petition has been filed for the relief stated supra.

¶3On a bare perusal of the averments made in the writ petition, it is apparent that the petitioner himself has put up construction on government poramboke land. Though the petitioner claims to be paying property tax, the same can by no stretch of imagination be construed as a title over the property. The petitioner, being a rank encroacher, has no right to seek the aforesaid relief.

¶4That apart, we find that the writ petition has been filed in undue haste. Having sent the representation to the respondent authorities on 14.2.2026, the petitioner has filed the writ petition on

26.2.2026, without waiting for a reasonable time.

¶5For the foregoing reasons, the writ petition is dismissed. There shall be no order as to costs. We make it clear that we have not expressed any opinion on the merits of the matter and this order shall not preclude the authorities from taking necessary action in accordance with law, if any encroachment of government lands is found. (SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J)

11.03.2026 Index : : sasi To:

¶1The Commissioner Tamil Nadu Hindu Religious and Charitable Endowment Board, Chennai.

¶2The Secretary PWD Department, Secretariat, Chennai-600 009.

¶3The District Colelctor Collector office Vengikkal, Thiruvannamalai-606 604.

¶4The Commissioner of Municipal Corporation Municipal Corporation office, Thirukovilur Road, Tiruvannamalai-606 601. THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(sasi) W.P No.9003 of 2026

11.03.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.03.2026 CORAM : THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P No.9003 of 2026 G.Sankar S/o.Gandhi, No.82/16 F2, Chengam Road, 5th Street, Thiruvannamalai-606 603. ..Petitioner(s) Vs 1. The Commissioner Tamil Nadu Hindu Religious and Charitable Endowment Board, Chennai. 2. The Secretary PWD Department, Secretariat, Chennai-600 009. 3. The District Colelctor Collector office Vengikkal, Thiruvannamalai-606 604. 4. The Commissioner of Municipal Corporation Municipal Corporation office, Thirukovilur Road, Tiruvannamalai-606 601. 5. P.Manikandan S/o.S.Perumal, Old No.16-D, New No.76, Chengam Road, 5th Street, Agni Theerthan Medu, Tiruvannamalai-606 603. ..Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 4 to consider petitioner's representation dated 14.02.2026 and take action against the construction made by 5th respondent in Municipal Corporation ward No.25 and 26 T.S.No.529/5, Block No.1, Ward No.3 Tiruvannamalai. For Petitioner(s): Mr.Dhalapathy Vignesh Kumar For Respondent(s): Mr.N.R.R.Arun Natarajan Special Government Pleader (HR & CE) For R1 Ms.Akila Rajendran Government Advocate For R2 to R4