WP/33118/2019 of S.Pandian Vs The Joint Director on 12 October 2026

ORDER

(Order of the Court was made by S.M.Subramaniam J.) Writ of Mandamus has been instituted to direct the 1st and 2nd respondents to consider the representation dated on 29.11.2018 with regard to take action against the 3rd respondent who continuously encroached the Public road restraining the larger public to approach Bus Stand and grave yard and direct the 1st and 2nd respondent to remove the said encroachment at Tiruvallur Municipal Area, Tiruvallur.

2. Counter affidavit filed by the Tahsildar, Tiruvallur District along with the sketch filed would show that there is no encroachment identified. The alleged encroachment made by the writ petitioner is found to be a patta land belongs to the third respondent, namely S. Amudha. Paragraphs 5 and 6 of the counter affidavit filed by the Tahsildar, Tiruvallur District read as follows:

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“….

5. It is submitted that Tiruvallur Municipality consists of Tiruvallur, Perumbakkam, Periyakuppam, Iveliagaram and Pungathur Revenue Villages. The writ petitioner's house is located in Revenue S.No.269/11B2, correlated to Town Survey No.101/10 of Block 11, Ward - A situate at Tiruvallur Revenue village, whereas the Revenue Survey No.206/2 and 206/3 correlated to Town Survey No.105 of Block 11, Ward - A falls in Perumbakkam Revenue Village. But, both the above revenue survey numbers are owned by the writ petitioner and the third respondent in Tiruvallur and Perumbakkam revenue villages are located in Perumbakkam Pudu Colony in Block - 11, Ward - A in the Town Survey Land Register (TSLR) of Tiruvallur Municipality.

6. It is submitted that though the houses of the writ petitioner and the 3rd respondent are situated in two different revenue villages, the third respondent's house is located abutting physically on the southern side of the patta land of the writ petitioner on state on ground position. No road runs through the patta land of the 3rd respondent in Revenue Survey No.206/2 and 206/3 of Perumbakkam Revenue Village correlating to Town Survey No.105 of Block 11 Ward-A relating to Tiruvallur Municipality. In the

WP No. 33118 of 2019

above factual field location of the lands owned by the petitioner and 3rd respondent, the petitioner has sent his representation to the 1st respondent on 29.11.2018 alleging that patta has been changed in favour of the 3rd respondent in respect of Revenue Survey No.269/11A, 269/11B of Tiruvallur assigning the Revenue Survey No.206 and 213 in the Revenue accounts of Perumbakkam Village and requesting to cancel the Patta standing in the name of the 3rd respondent and to remove the encroachments in Survey No.271, 272, 273 and 269 of Tiruvallur Village. Subsequently, the petitioner has filed this writ petition before this Hon'ble Court.”

3. Learned counsel for the petitioner would submit that application for cancellation of patta has already been filed and pending before the District Revenue Officer.

4. If so, the petitioner is at liberty to pursue the said application in the manner contemplated under the provisions of the Patta Passbook Act. However, Writ Court cannot issue any direction for removal of encroachment, since the authorities as of now have not identified any encroachment in respect of the land as detailed in the writ proceedings.

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Consequently, the writ petition is dismissed. No costs. The connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (R.R.V.,J.) 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD To

1. The Joint Director Land Administration, Ezhilagam, Chennai

2. The Commissioner, Tiruvallur Municipality, Tiruvallur - 600001

3. The Tahsildar, Tiruvallur Taluk Office, Tiruvallur.

4. The District Revenue Officer, Tiruvallur.

WP No. 33118 of 2019

S.M.SUBRAMANIAM, J. AND R.RAJESH VIVEKANANTHAN, J. GD WP No. 33118 of 2019 12-10-2026