WP/13441/2023 of Chandrasekaran Vs the additional on 5 October 2026

Order

(Order of the Court was made by S.M.Subramaniam J.) Writ of Mandamus has been instituted for directing the respondents 1 to 8 to take action and remove the encroachments made by the respondents 9 to 25 in S.No.1,13,36,66,67,71/4,72/1,72/2,73,74,76/1,80/1,54/1,60/2 situated at Sirulapakkam Revenue Village

and

in

S.Nos. 69/7,69/19,69/30,69/26,69/28,69/31,69/39,69/54,69/61,69/67,69/70,69/75, covered district and restore the same.

2. With reference to the relief sought for in the present writ petition, the Tahsildar, Ponneri Taluk filed a status report stating that the enforcement actions have been initiated in respect of encroachers in the Grama Natham land. They are in the process of verifying the revenue records and after such verification and by collecting the necessary revenue documents, such Natham lands also will be regularised in respect of Revenue Standing Order No.21. It is needless to state that for assignment of Natham land has to be made only in favour of landless poor for construction of dwelling houses, if at all any policy decision is taken by the Government. However, mere occupation of the Natham lands would not vest any right to the occupants. Such occupants are liable to evicted by invoking the provisions of Land Encroachment Act, 1905 and by following the procedures as contemplated.

3. In the present case, the revenue authorities have already initiated enforcement action and in this regard, it is relevant to record the following paragraphs in the status report. S.No Survey No. Extent (Hectar es) Classification Remarks

5.92.50 Meikkal No encroachment

1.37.50 Kalar Boomi No encroachment

0.16.50 Kulam Petitioner Chandrasekar S/o Nataraj has encroached upon an extent of 82 Sq.mtr by erecting a fence. Tr.Ezhumalai S/o Arumugam has encroached upon an extent of 05 Sq.mtr by erecting a cattle shed. Tr.Vijikumar S/o Durai has encroached upon an extent of 01 Sq.mtr by constructing a toilet.

0.52.50 Lake No encroachment

0.14.00 Kalam No encroachment

0.01.50 Cart track No encroachment

0.04.00 Cart track

1) Tmt.Jamuna W/o Doss has encroached upon an extent of 16 Sq.mtr by erecting a fence.

2) Tmt.Poonkodi W/o Arumugam has encroached upon an extent of 115 Sq.mtr by erecting fence, hut and cattle shed.

0.03.50 Vaikkal No encroachment

9. 0.26.50 Karai

1) Tmt.Muniyammal W/o Murthy has encroached upon an extent of 79 Sq.mtr by erecting fence and constructing a toilet, and an extent of 37 Sq.mtr by constructing concrete house.

2) Thiru.Suresh S/o Dhayalan has encroached upon an extent of 13 Sq.mtr by putting up a shed.

10. 0.46.50 Kulam Thiru Suresh S/o Dayalan has encroached upon an extent of 54 sq.mtr by constructing concrete house.

11. 0.12.50 Cart track No encroachment

12. 0.46.00 Cart track No encroachment

13. 1.39.00 Kazhiveli No encroachment

14. 0.27.00 Kazhiveli No encroachment

15. 69/7, 69/19, 0.04.40 Grama Natham The FMB sketch pertaining to Grama Natham (Village site)

69/30, 69/26, 69/28, 69/31, 69/39, 69/54, 69/61, 69/67, 69/170,

(village site) Survey No.69, including the measurement scale (ladder) marked therein, is not clear and legible. Consequently, the survey and measurement of the said land could not be carried out.

4. It is respectfully submitted that the FMB sketch pertaining to Grama Natham (Village Site) Survey No.69 available with the Revenue authorities is not clear and legible and the measurements and particulars contained therein could not be ascertained with certainty. In view of the same, the Tahsildar, Ponneri has addressed a letter to the Assistant Director, Tamil Nadu Archives and Historical Research Department, Egmore, Chennal vide Rc. Nis 95/5/2025/91, dated 16.06.2026, requesting that the FMB sketch and connected records relating to Vilage Site Survey No 69 of Sinilapalkkam Village Ponneri Taluk be furnished The said records are required for verification of the rellevant survey particulars and boundaries and for facilitating the survey and measurement of the subject land. Further necessary action will be taken upon receipt of the said records.

5. It is further respectfully submitted that, based upon the joint inspection and survey conducted by the Revenue Inspector, Thirupalalvanam Firka and the Taluk Deputy Surveyor, Ponneri, the encroachments noticed in the Government lands comprised in the aforesaid Survey

Numbers were duly identified and measured. In respect of the encroachments found during the course of inspection, the Revenue Inspector, Thirupalaivanam Firka, has initiated proceedings under the provisions of the Tamil Nadu Land Encroachment Act, 1905, and has issued the requisite Form-7 notices to the concerned encroachers on 03.10.2026, calling upon them to show cause against alleged unauthorised occupation / encroachment over the Government lands.

6. It is respectfully submitted that the Revenue Inspector of Thirupalaivanam Firka has submitted a report stating that Form-7 notices, under the Tamil Nadu Land Encroachment Act, 1905 were served upon the encroachers mentioned in the aforesaid list on 03.10.2026. In particular, Survey No.36, measuring an extent of 0.16.50 Hectares, is classified as Government Poramboke - "Kulam" (Water Body). The adjoining Survey No.37, measuring an extent of 0.20.00 Hectares, is classified as Ryotwari Nanjai and is covered under Patta No.374, standing in the name of Tmt. N. Jayalakshmi. It is reported that the said pattadar has since expired. During the course of the village enquiry, it was ascertained that the legal heirs of the deceased pattadar are cultivating the land comprised in Survey No.37. Further, as per Land Revenue Receipt No.867947, the land revenue in respect of the said survey field has been paid by the Writ Petitioner Thiru. Chandrasekar, S/o. Natarajan. It is further reported that the said Writ Petitioner has encroached upon an extent of 082 sq. metres in Survey No.36 by erecting a wire fence. Though, Form-7 was issued to him, he refused to receive the same. Consequently, Form-7 was affixed at the site in accordance with the prescribed procedure.”

4. In view of the fact that actions have already been initiated, the official respondents are directed to ensure that all encroachments are removed by following the procedures as contemplated under the relevant Statutes and Rules in force within a period of twelve (12) weeks from the date of receipt of a copy of this order. In respect of Natham lands also, all appropriate actions are directed to be initiated in terms of Revenue Standing Order No.21 and by following the procedures.

5. With the above directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (R.R.V.,J.) 05-10-2026 Index: Yes Speaking order Neutral Citation: Yes/No KST

To

1. The Additional Chief Secretary, Water Resources Department, Fort st. george, Secretariat, Chennai - 600 009.

2. The District Collector, Thiruvallur District, Thiruvallur -635305.

3. The Superintendent of Police, Thiruvallur District, Thiruvallur - 635305.

4. The Revenue Divisonal Officer, Office of the revenue divisional Officer, Dharmapuri District -635305.

5. The District Forest Officer, Thiruvallur Division, Collectorate Master Complex, Thiruvallur - 602001, Thiruvallur District.

6. The Thasildar, Ponneri Taluk, Thiruvallur District -635305.

7. The assistant Engineer, Water Resources Department, Araniyar Project Office, Ponneri, Thiruvallur District.

8. The Assistant Engineer, Water Resources Department, Araniyar Project Office, Ponneri, Thiruvallur District.

S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. KST WP No. 13441 of 2023 05-10-2026