Madras High Court

WP/40878/2026 of DINESH KALIYAPERUMAL Vs The Principal secretary to Government on 7 October 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-10-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN

WP Nos. 40878, 40890, 40895 and 40901 of 2026

CNR:{HCMA012390952026}

AND

WMP Nos. 45862, 45866, 45871, 45880, 45881,45882, 45888, 45889, 45891

45897, 45898 and 45900 OF 2026

W.P.No.40878 of 2026

Dinesh Kaliyaperumal

S/O.Kaliyaperumal

Door No.42/1,ST-2,Vennaru Lane Karai

Old Needamangalam Revenue village

Needamangalam Taluk

Thiruvarur District -614 404

..Petitioner(s)

Vs

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1. The Principal secretary to Government Revenue and Disaster Management Department, Secretariat, Fort St.George, Chennai-600 009.

2. The Principal Secretary to Government Water Resources department Secretariat, Fort St.George, chennai-600 009

3. The commissioner of Land Administration Ezhilagam chepauk, Chennai-600 005

4. The District collector, Thiruvarur District Master Plan complex, Nagapattinam Road Vilamal, Thiruvarur-610 004

5. The District Revenue officer Thiruvarur District collectorate Nagai Road Thiruvarur-610 004

6. The Revenue Divisional officer Mannargudi Revenue Division Pakkuppettai Street Mannargudi Thiruvarur District -614 001

7. The Tahsildar Needamangalam Taluk office Rishiyur Road, Needamangalam Thiruvarur District-614 404 ..Respondents WP No. 40890 of 2026 CNR:{HCMA012390962026} Dinesh Kaliyaperumal S/o.Kaliyaperumal Door No.42/1,ST-2,Vennaru Lane Karai Old Needamangalam Revenue village Needamangalam Taluk Thiruvarur District -614 404 ..Petitioner(s) Vs

1. The Principal secretary to Government Revenue and Disaster Management Department, Secretariat, Fort St.George, Chennai-600 009.

2. The Principal secretary to Government Water Resources department Secretariat, Fort St.George, Chennai-600 009

3. The commissioner of Land Administration Ezhilagam chepauk, Chennai-600 005

4. The District collector Thiruvarur District Master Plan complex, Nagapattinam Road, Vilamal, Thiruvarur-610 004

5. The District Revenue officer Thiruvarur District, collectorate, Nagai Road Thiruvarur-610 004

6. The Revenue Divisional officer Mannargudi Revenue Division Pakkuppettai Street, Mannargudi Thiruvarur District -614 001

7. The Tahsildar Needamangalam Taluk office Rishiyur Road, Needamangalam Thiruvarur District-614 404 ..Respondents WP No. 40895 of 2026 CNR:{HCMA012390972026} K.Vijay S/O.Kaliyaperumal Door No.41/A/1,ST-2, Vennaru Lane, Kattunayakkan street, Old Needamangalam Revenue village, Needamangalam Taluk Thiruvarur District -614 404 ..Petitioner Vs

1. The Principal secretary to Government Revenue and Disaster Management Department Secretariat, Fort St.George, Chennai-600 009

2. The Principal secretary to Government Water Resources department Secretariat, Fort St.George, chennai-600 009

3. The commissioner of Land Administration Ezhilagam chepauk, Chennai-600 005

4. The District collector Thiruvarur District Master Plan complex, Nagapattinam Road Vilamal, Thiruvarur-610 004

5. The District Revenue officer Thiruvarur District collectorate Nagai Road Thiruvarur-610 004

6. The Revenue Divisional officer Mannargudi Revenue Division Pakkuppettai Street Mannargudi Thiruvarur District -614 001

7. The Tahsildar Needamangalam Taluk office Rishiyur Road, Needamangalam Thiruvarur District-614 404 ..Respondents WP No. 40901 of 2026 CNR:{HCMA012390982026} K.Vijay S/O.Kaliyaperumal Door No.41/A/1,ST-2 Vennaru Lane, Kattunayakkan street

Old Needamangalam Revenue village Needamangalam Taluk Thiruvarur District -614 404 ..Petitioners Vs

1. The Principal secretary to Government Revenue and Disaster Management Department, Secretariat, Fort St.George, Chennai-600 009.

2. The Principal secretary to Government Water Resources department Secretariat, Fort St.George, chennai-600 009

3. The commissioner of Land Administration Ezhilagam chepauk, Chennai-600 005

4. The District collector Thiruvarur District, Master Plan complex, Nagapattinam Road, Vilamal, Thiruvarur-610 004

5. The District Revenue officer Thiruvarur District Collectorate Nagai Road Thiruvarur-610 004

6. The Revenue Divisional officer Mannargudi Revenue Division Pakkuppettai Street, Mannargudi Thiruvarur District -614 001

7. The Tahsildar Needamangalam Taluk office Rishiyur Road, Needamangalam Thiruvarur District-614 404 ..Respondents

Prayer in W.P.No.40878 of 2026 : Writ Petition under Article 226 of the Constitution of India for Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the 7th respondent in Na.Ka.No.14/2024/A4 dated 15.9.2026 issued to the petitioner rejecting the petitioners request for reclassification of the land and grant of patta in respect of survey No.12, No.28 old Needamangalam Revenue village, Needamangalam Taluk, Thiruvarur District, and quash the same as being without jurisdiction and in violation of the principles of natural justice and consequently to direct the 1st, 3rd and 4th respondents to consider and dispose of the representations dated 25.5.2026,6.6.2026 and 11.6.2026 seeking reclassification and issuance of patta after affording the petitioner a personal hearing within a time frame fixed by this Honble court. Prayer in WP No. 40890 of 2026 : Writ Petition under Article 226 of the Constitution of India for Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the 7th respondent in Na.Ka.No.14/2024/A4 dated 16.9.2026 in respect of survey No.12, No.28 old Needamangalam Revenue village, Needamangalam Taluk, Thiruvarur District, and quash the same as illegal, premature and in violation of the principles of natural justice and consequently direct the respondents, their men, agents, or any other persons acting through or under them not to take any coercive action, including eviction demolition or dispossession of the petitioner until the petitioners representations dated 25.5.2026, 6.6.2026 and 11.6.2026 seeking reclassification of the said land and grant of patta are considered and disposed of by the competent authority in accordance with Revenue standing order. Prayer in WP No. 40895 of 2026 : Writ Petition under Article 226 of the Constitution of India for Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the 7th respondent in Na.Ka.No.14/2024/A4

dated 16.9.2026 in respect of survey No.12, No.28 old Needamangalam Revenue village, Needamangalam Taluk, Thiruvarur District, and quash the same as illegal, premature and in violation of the principles of natural justice and consequently direct the respondents, their men, agents, or any other persons acting through or under them not to take any coercive action, including eviction demolition or dispossession of the petitioner until the petitioners representations dated 25.5.2026, 6.6.2026 and 11.6.2026 seeking reclassification of the said land and grant of patta are considered and disposed of by the competent authority in accordance with Revenue standing order. Prayer in WP No. 40901 of 2026 : Writ Petition under Article 226 of the Constitution of India for Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the 7th respondent in Na.Ka.No.14/2024/A4 dated 15.9.2026 issued to the petitioner rejecting the petitioner request for reclassification of the land and grant of patta in respect of survey No.12, No.28 old Needamangalam Revenue village, Needamangalam Taluk, Thiruvarur District, and quash the same as in violation of the principles of natural justice and consequently to direct the 1st, 3rd and 4th respondents to consider and dispose of the representations dated 25.5.2026, 6.6.2026 and 11.6.2026 seeking reclassification of the said land and grant of patta after affording the petitioner a personal hearing within a time frame. In all W.Ps For Petitioners: Mr.K.M.D.Muhilan For Respondent(s): Mr.K.Surender Special Government Pleader

- for RR 1 to 7

Order

(Order of the Court was made by S.M.Subramaniam J.) Though these writ petitions have been instituted with different prayers, the cause for institution is one and the same and therefore, these writ petitions are disposed of by a common order.

2. The authorities have identified encroachments in the water body and Government Poramboke land. Enforcement actions have been initiated. The writ petitioners submitted applications for grant of Patta. Those applications for grant of Patta in water body and the Government Poramboke land were not considered. Thus, the writ petitions came to filed.

3. Learned counsel for the petitioners would submit that the survey numbers stated as water body, by the respondents are incorrect. However, such disputed facts cannot be adjudicated by the High Court in a writ proceedings. Such facts are to be adjudicated with reference to the documents in original, revenue records and has to be done by the Tahsildar and by the District Collector in an appeal. The High Court cannot conduct a roving enquiry regarding classification of the lands in the context of the revenue records. Section 7 notice under the Tamil Nadu Land Encroachment

Act was issued after affording opportunity to the encroachers only. Notice under Section 6 was also issued. The said notices are also under challenge in the present writ petitions.

4. At the outset, the order of rejection rejecting the grant of Patta in respect of water body and the final notice issued under Section 6 and 7 of the Land Encroachment Act are under challenge in these writ petitions. This Court is the considered view that, if at all the writ petitioners are homeless poor persons, then they have to submit their respective applications to the competent authority for allotment of land in their locality. In such circumstances, such applications may be considered by the competent authority under any one of the available Government Schemes for providing free house site patta to the landless persons.

5. It is made clear that while considering such applications, the terms and conditions stipulated under the Revenue Standing Orders are to be scrupulously followed by the authorities. Lands are to be assigned only in terms of the Revenue Standing Orders and the landless poor persons. In this regard, enquiry needs to be conducted. The authorities shall also proceed with the enforcement actions to remove the encroachments by following all further procedures as contemplated under the relevant Statutes and Rules in

force. In the event of receiving any application for allotment of land to landless poor persons, the same may be considered independently de-hors the enforcement action already initiated.

6. At this stage, learned counsel counsel for the petitioners would submit that the statutory appeals filed under Section 10 of the Land Encroachment Act is pending before the District Collector. If any such appeals are pending before the said authority, the District Collector Thiruvarur is directed to conduct an enquiry by affording opportunity to the parties and dispose of the appeals within a period of four weeks from the date of receipt of a copy of this order.

7. With the above observations and directions, the writ petitions are disposed of. No costs. Consequently, connected W.M.P.Nos.45862, 45880, 45897 and 45888 filed to dispense with the original impugned order are ordered. W.M.P.Nos.45866, 45871, 45881, 45882, 45889, 45891, 45898 and 45900 are closed. (S.M.S.,J.) (R.R.V.,J.) 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST

To

1. The Principal secretary to Government Revenue and Disaster Management Department, Secretariat, Fort St.George, chennai-600 009.

2. The Principal secretary to Government Water Resources department Secretariat, Fort St.George, chennai-600 009

3. The commissioner of Land Administration Ezhilagam, Chepauk, chennai-600 005

4. The District collector, Thiruvarur District Master Plan complex, Nagapattinam Road Vilamal, Thiruvarur-610 004

5. The District Revenue officer Thiruvarur District, collectorate Nagai Road Thiruvarur-610 004

6. The Revenue Divisional officer Mannargudi Revenue Division Pakkuppettai Street Mannargudi, Thiruvarur District -614 001

7. The Tahsildar Needamangalam Taluk office Rishiyur Road, Needamangalam Thiruvarur District-614 404

S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. KST WP Nos. 40878, 40890, 40895 and 40901 of 2026 07-10-2026

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