WP/14949/2026 of G.RAVI Vs THE DISTRICT COLLECTOR
Writ Petition No.14949 of 2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-04-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE K. SURENDER
Writ Petition No.14949 of 2026
and
W.M.P.No.16179 of 2026
1. G.Ravi
S/o.Govindasamy
2. G.Elumalai
S/o.Govindasamy
3. M.Velayutham
S/o.Muthu
4. G.Pachaiammal
W/o.Govindaraj @ Krishnan
5. G.Vadivel
S/o.Govindaraj
6. Kamatchi
D/o.A.Govindasamy
7. R.Valarmathi
D/o.Govindaraj
8. G.Loganathan
S/o.Govindaraj
9. Pachaiappan
S/o.S.Chakravarthy
10. V.Mani
S/o.Venkatesan @ Annamalai
11. K.Ramesh
S/o.Krishnasamy @ Krishnan
https://www.mhc.tn.gov.in/judis
Writ Petition No.14949 of 2026
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12. K.Muniyan
S/o.Kannan
13. S.Rajendran
S/o.Sadaiappan @ Chellan
14. Kirubakaran
S/o.G.Elumalai
15. M.Venkatesan
S/o.T.Muthu
16. K.Chinnakulanthai
W/o.Kuppan @ Kariyan
17. M.Lakshmi
W/o.Manikavasudevan @ R.Venkatakrishnan
18. E.Padmavathi
W/o.Ettiappan @ Narasimman
..Petitioners
Vs
1. The District Collector,
Singaravelar Maaligai (IV Floor),
Rajaji Salai, George Town,
Chennai 600 001.
2. The Revenue Divisional Officer,
Guindy, Chennai 600 032.
3. The Tahsildar,
Guindy, Chennai 600 032.
..Respondents
Writ Petition filed under Article 226 of the Constitution of India seeking
issuance of a Writ of Certiorarified Mandamus calling for the records in the
order bearing Se.Mu.No.J.14/e-3611042/2025 dated 13.03.2026 passed by
the first respondent and quashing the last paragraph of the said order and
directing the first respondent to restore possession of the Govt. Poramboke
land mentioned in the proceedings of the Tahsildar, Mambalam-Guindy Taluk
bearing K.Dis.(B1)/10290/85 dated 22.05.1985 to the petitioners.
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Writ Petition No.14949 of 2026
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For Petitioners : Mr.M.Radhakrishnan
For Respondents : Mr.T.Arunkumar
Additional Government Pleader
*****
ORDER
(Made by S.M.Subramaniam J.)
The present writ petition has been instituted challenging the
proceedings of the District Collector, Chennai, dated 13.03.2026.
2. The petitioners initially submitted an application seeking patta in
respect of the subject land. Since patta was not granted, one of the petitioners
approached the High Court and the High Court directed the authorities to
consider the representation and dispose of the same within a period of two
months. The authorities, during the course of survey, found that the petitioners
along with others have encroached upon the Government poramboke land,
which was identified as ‘river’. Thus, encroachment actions have been
initiated.
3. It is not in dispute that the unauthorized buildings in Government
poramboke identified as ‘river’ were demolished and the authorities have
taken possession of the land. As of now, the encroachers are not in
occupation of the subject Government poramboke land. Subsequently, a writ
of declaration has been instituted seeking relief to restore possession of the
said land. The Division Bench considered the issues and passed a common
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Writ Petition No.14949 of 2026
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order in a batch of writ petitions on 16.06.2025. In paragraph No.11, the Court
directed the District Collector, Chennai, to examine the representation of the
writ petitioners and dispose of the same. A further direction was issued to
examine the complaint of the petitioners that their dwelling houses were
demolished (without notice) and return a factual finding on the same.
Opportunity was directed to be given to all the encroachers, who were evicted
by demolishing the unauthorized constructions put up in the Government
poramboke land identified as ‘river’. The District Collector, Chennai, initiated
enquiry proceedings in pursuance to the orders of the Division Bench of this
Court. The District Collector issued notice to the encroachers including the
petitioners and conducted a detailed enquiry by obtaining reports from the
Revenue Tahsildar and the Revenue Divisional Officer. The grievances of the
petitioners along with other encroachers were addressed. A personal enquiry
was conducted by the Tahsildar. Statement of the encroachers were obtained
and xerox copies of house tax and demand notice issued by Chennai
Metropolitan Water Supply and Sewerage Board were also received. All such
documents filed by the encroachers were considered by the authorities. The
District Collector has also verified the revenue records.
4. Learned Additional Government Pleader would submit that both
manual revenue records as well as computerized revenue records were
verified by the District Collector during the course for enquiry.
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Writ Petition No.14949 of 2026
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5. The entries in the City Land Register are as follows:
Handwritten entries in the
Permanent Land Register
Entries in the Computerized
Land Register
Village : Adyar
Block No.13
City Survey No.1
Old Survey No.-
Door No.-
Classification : Govt. Poramboke
Extent: 17.50.03.0 hectare
Owner: River
Usage:-
Village : Adyar
Block No.13
City Survey No.1
Old Survey No.-
Door No.-
Classification : Govt. Poramboke
Extent: 17.50.03.0 hectare
Owner: River
Usage:-
6. Considering the entire facts with reference to the revenue records as
well as the documents produced by the encroachers and taking note of the
representation of the Tahsildar and the Revenue Divisional Officer, the District
Collector, Chennai, passed the order impugned stating that the land to an
extent of 17.50.03.0 in Survey No.1, Block No.13, Adyar City, Guindy Taluk,
South Chennai Revenue Division, Chennai District, is classified as
Government poramboke land and both in the report of the Surveyor and
Computerized Permanent Land Register against the column ‘owner’, the
expression ‘river’ is mentioned and also on the basis of the said enquiry, the
District Collector found that it is not possible to allow the petitioners to
continue to reside in the said objectionable Government poramboke land,
which has been identified as ‘river’.
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Writ Petition No.14949 of 2026
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7. Since the District Collector, Chennai, has taken a decision that it is
not possible to permit the encroachers to continue to reside in the subject
property, this Court, in exercise of judicial review, cannot grant permission to
encroachers to reside in the objectionable Government poramboke land,
which has been identified as ‘river’.
8. Learned Additional Government Pleader would rely on the Full Bench
judgment in T.K.Shanmugam Vs. State of Tamil Nadu [2015 (5) LW 397] on
the ground that the subject land is identified as ‘water body’.
9. The petitioners are at liberty to submit an application to the
competent authorities seeking alternate accommodation if they are homeless
poor persons. The authorities, in the event of receiving any such application
seeking alternate accommodation from the eligible encroachers, they may be
considered for allotment of tenement in terms of any Government Welfare
Scheme through Tamil Nadu Urban Habitat Development Board. However,
the encroachers cannot claim an absolute right in respect of the encroached
portion of the Government poramboke land, which has been classified as
‘river’ as per the revenue records.
10. The line of directions issued by the Division Bench in its earlier order
relied upon by the learned counsel for the petitioners would show that an
enquiry is to be conducted by the District Collector to ascertain the entire facts
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as well as the nature and classification of the Government poramboke lands,
which have been occupied by the encroachers. Since the said exercise has
been done by the District Collector and encroachments in the water body are
identified, the parties are not entitled for any relief.
Accordingly, this writ petition is dismissed. No costs. Consequently,
connected miscellaneous petition is closed.
[S.M.S., J.] [K.S., J.]
17-04-2026
Index: Yes
Speaking order
Neutral Citation: Yes/No
gm
To
1.The District Collector,
Singaravelar Maaligai (IV Floor),
Rajaji Salai, George Town,
Chennai 600 001.
2.The Revenue Divisional Officer,
Guindy, Chennai 600 032.
3.The Tahsildar,
Guindy, Chennai 600 032.
https://www.mhc.tn.gov.in/judis
Writ Petition No.14949 of 2026
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S.M.SUBRAMANIAM, J.
AND
K.SURENDER, J.
gm
Writ Petition No.14949 of 2026
17-04-2026
(2/2)
https://www.mhc.tn.gov.in/judis