WP/42942/2025 of R.AJAY KUMAR Vs THE STATE OF TAMILNADU
2026:MHC:1478
WP No. 42942 of 2025
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-04-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE K. SURENDER
WP No. 42942 of 2025
and
WMP Nos. 48038, 48039 & 48041 of 2025
1. R.Ajay Kumar
S/o. C.Rajendra Kumar,
No. 3/36 Mount Poonamallee Road,
St. Thomas Mount Chennai 16
2. B.Sunil Agarwal
S/o. C.Baser Lal, No. 113 Butt Road,
St. Thomas Mount Chennai 16
3. S.Dheeraj Kumar
S/o. C.Shyam Sundar , No. 107 Butt Road, St.
Thomas Mount Chennai 16
4. S.Tushar Agarwal
S/o. Suresh Kumar Agarwal,
No. 82 , 8th Street Ak Swamy Nagar,
Secretariat Colony Kilpauk Chennai 10
5. Jai Kisshan Garg
S/o. Baser Lal , No. 113 Butt Road,
St. Thomas Mount Chennai 16
..Petitioner(s)
Vs
1. The State Of Tamilnadu
Rep. By Its Secretary to Government,
Revenue And Disaster Management
Department Fort St.George Secretariat
Chennai 600 009
2. The District Collector
Chengalpet District, Chengalpet District
Collector Office, Chengalpet
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WP No. 42942 of 2025
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3. The Revenue Divisional Officer
Chengalpet Taluk, Chengalpet District
4. The Thasildar
Chengalpet Taluk, Chengalpet District
5. The Revenue Inspector
Chengalpet Taluk, Chengalpet District
..Respondent(s)
To direct the respondents to remove the placard placed in the
petitioners property situated at Grama Natham New Survey N o. 160/20, 160/
21 (admeasuring 6776 sq.ft) Grama Natham New Survey No. 160/22A
(admeasuring 1320 sq.ft) , Grama Natham New Survey No.
160/25(admeasuring 1022 sq.ft) Grama Natham New Survey No.
160/26(admeasuring 13,519 sq.ft) , Old Survey No. 79/2 ( part) situated in
Veerapuram village, Chengalpet taluk, Chengalpet district and co nsequently
forbear the respondents from interfering with the petitioners peaceful
possession of the said property and further direct the respon dents to pay
compensation to the petitioners for the illegal demolition of the compound wall
and shed structure at the said property.
WP No. 42942 of 2025
For Petitioner(s): Mr.C.Adithyaraj
For Respondent(s): Mr.R.Ramanlal
Additional Advocate General
assisted by
Mr.R.P.Murugan Raja,
Govt.Advocate
Order
(Order of the Court was made by S.M.Subramaniam J.)
Writ of Mandamus has been instituted to direct the respondents to
remove the placard placed in the petitioners property situat ed at Grama
Natham New Survey No. 160/20, 160/ 21 (admeasuring 6776 sq.ft) Grama
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Natham New Survey No. 160/22A (admeasuring 1320 sq.ft) , Grama Natham
New Survey No. 160/25(admeasuring 1022 sq.ft) Grama Natham New
Survey No. 160/26(admeasuring 13,519 sq.ft) , Old Survey No. 79/2 (part)
situated in Veerapuram village, Chengalpet taluk, Chengalpet district and
consequently forbear the respondents from interfering with the petitioners
peaceful possession of the said property and further direct the respondents to
pay compensation to the petitioners for the illegal demolitio n of the compound
wall and shed structure at the said property.
2. Learned Additional Advocate General appearing on be half of the
State would submit that large scale of encroachments in government
poromboke lands are identified and such encroachments are ma de by some
persons on account of skyrocketing of market value of property nearby
Chennai City areas. The subject property falls within Chengalpe t District and
already a portion of encroachments are removed by the co mpetent authority
and the remaining portions have to be removed and resumed after evicting the
encroachers.
3. Learned counsel for the petitioner would submit that th e petitioners
are possessing sale deeds and other documents to establish their title in
respect of the subject property. That apart, the subject l and is classified as
village gramanatham and the petitioners are in occupation an d they became
the absolute owner of the property.
4. The said concept as advanced by the petitioners deserves no merit
consideration, since gramanatham lands are to be regulated by the
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Government under RSO 21 and mere occupation of gramanat ham land would
not confer title to a person.
5. The counter affidavit filed by the Tahsildar, Chengalpet T aluk, would
show that an extent of about 50 cents in S.No.160/260 h as been continuously
used by more than 100 years by the villagers of Veerapur am as common
village land for public gatherings, temple festivals, youth sport s activities and
public functions. The said land is Government Poramboke and meant for
public use. It is further contended that the petitioners are recent encroachers
and they are habitually encroaching upon government land for personal gain
and therefore, the authorities had initiated action. It is further contended that
on receipt of complaint from the Panchayat President and loca l residents,
inspection was conducted by the Revenue Inspector and Village Revenue
Officer, to confirm the recent encroachments. Accordingly, notice under
section 7 of the Tamilnadu Land Encroachment Act, 1905 was issu ed and
called upon the encroachers to show cause. Despite receipt of no tice, the
petitioners attempted to strengthen the encroachments by putting up
additional structures. Under those circumstances, after completing the
procedures, by issuing show cause notice and by affording an o pportunity to
the encroachers, the portion of encroachments have already been removed.
In respect of other encroachments, the authorities are und er the process of
completing the procedures for its removal.
6. The Government authorities are excepted to be vigilant in protecting
the government property which is to be utilised for public purpose.
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Encroachments in any form in respect of public properties, a t no circumstance
be allowed. While removing the encroachments, the authoriti es are bound to
follow the procedures as contemplated under the relevant statutes and rules.
7. In the present case, Section 7 notice came to be issued. I n respect of
other portion, which are yet to be resumed, the authorities are directed to
follow the procedures and thereafter, remove the encroach ments and utilise
the government land for public purpose. The authorities who are all
committing lapse, negligence and dereliction of duty in protecting the
government properties are to be prosecuted and subjected to disciplinary
proceedings.
8. The official respondents are directed to remove all the
encroachments by following the procedures as contemplated under the
relevant statutes and rules within a period of four mont hs from the date of
receipt of a copy of this order
9. With the above directions, the Writ Petition is disposed of . No costs.
Consequently, connected WMP.No.48038 of 2025 is ordered on payment of
separate court fee and W.M.P.Nos.48039 & 48041 of 2025 are closed.
(S.M.S.,J.) (K.S.,J.)
09-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
vsi
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To
1. The Secretary To Government, Revenue And
Disaster Management Department Fort
St.George Secretariat Chennai 600 009
2. The District Collector
Chengalpet District, Chengalpet District
Collector Office, Chengalpet
3. The Revenue Divisional Officer
Chengalpet Taluk, Chengalpet District
4. The Thasildar
Chengalpet Taluk, Chengalpet District
5. The Revenue Inspector
Chengalpet Taluk, Chengalpet District
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S.M.SUBRAMANIAM J.
AND
K.SURENDER J.
vsi
WP No. 42942 of 2025
and
WMP Nos. 48038, 48039
& 48041 of 2025
09-04-2026
https://www.mhc.tn.gov.in/judis