Madras High Court
WP/39533/2026 of K. Sengodan Vs The Additional chief Secretary cum on 30 September 2026
WP No. 39533 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-09-2026
CORAM
THE HON'BLE DR JUSTICE G. JAYACHANDRAN
AND
THE HON'BLE MR.JUSTICE E.MANOHARAN
WP No. 39533 of 2026
CNR: {HCMA012218042026}
1. K.Sengodan
2. Palanisamy
3. K.Kamala Kannan
4. Subramani
..Petitioner(s)
Vs
1. The Additional Chief Secretary-cum-
Commissioner of Land Administration
Chepauk
Chennai 600 005.
2. The District Collector
Namakkal
Namakkal District.
3. The Revenue Divisional Officer
Namakkal
Namakkal District.
4. The Tahsildar
Rasipuram Taluk
Namakkal District.
5. The Village Administrative Officer
Pattanam Village
Rasipuram Taluk
Namakkal District.
..Respondent(s)
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WP No. 39533 of 2026
Petition under Article 226 of the Constitution of India for issuance of a mandamus, forbearing the respondents 2 to 5 from demolishing the house of the petitioners in Survey No.64/1, Pattanam Village, Rasipuram Taluk, Namakkal District, till the disposal of the statutory revision petition of the petitioners dated 07.08.2026 pending on the file of the 1st respondent.
For Petitioner(s):
Mr.K.Selvaraj
For Respondent(s):
Mr.B.Sivakollapan,
Addl.Govt.Pleader.
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ORDER
(Order of the Court was made by Dr.G.Jayachandran J.) The petitioners herein claim that the land in Survey No.64/1, Pattanam Village, Rasipuram Taluk, Namakkal District, belongs to their family and the same has been classified as ‘Natham’. However, due to rivalry among the family members, a writ petition was filed, alleging that the petitioners were occupying the Government Poramboke land illegally and, pursuant to the directions issued by this Court in W.P.No.22623 of 2025, the respondents have taken action, issuing Section 7 Notice under the Tamil Nadu Land Encroachment Act,1905. Challenging the said notice, the petitioners preferred an appeal before the District Collector, which was also dismissed. As against the dismissal of the said appeal, writ petitioners preferred a revision before the Additional Chief Secretary to Government of Tamil Nadu under Section 10 (1)
(c) of the said Act. However, since the revision had been filed before the wrong
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WP No. 39533 of 2026
authority, the said revision petition was returned to be presented before appropriate authority. Accordingly, the revision petition has been re-presented before the Secretary to Government, Government of Tamil Nadu, Revenue and Disaster Management Department, and the said revision petition, dated 17.09.2026, is pending. In the meanwhile, the respondent Tahsildar, Rasipuram, has issued Section 6 Notice under the Act and also proceeded further, by issuing the subsequent notice, dated 22.09.2026, fixing 06.10.2026 as the last date for removal of encroachment.
2. Contending that the petitioners may be permitted to pursue the revision petition before the Government, counsel for the petitioners seeks protection from eviction and implementation of the communication, dated 22.09.2026, issued by the Tahsildar, Rasipuram.
3. Additional Government Pleader submits that the land in occupation of the petitioners is classified as ‘Parai Poramboke’, which the petitioners have fenced and filled with gravels. After dismissal of the petitioners’ appeal by the District Collector, Section 6 Notice was issued for removal of encroachment as early as 05.08.2026, granting 14 days’ time for removing the encroachment, extending 0.74.0 Hectare as in Survey No.64/1. He would further submit that since the petitioners have failed to remove the encroachment on their own, subsequent communication, dated 22.09.2026, has been issued by the Tahsildar.
4. A perusal of the record indicates that a large extent of land has been in occupation of the petitioners’ family and the area, which is classified as ‘Parai
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WP No. 39533 of 2026
Poramboke’ alone is now sought to be evicted. The said portion remains vacant except filling with gravels with an intention to put up a construction in future and the entire area has been fenced.
5. We find no reason to interfere with the action taken by the respondents to remove the encroachment and keep it free from illegal occupation of third parties. Hence, this Writ Petition stands dismissed. No costs. Consequently, the connected W.M.P.Nos.44420 and 44421 of 2026 are closed. (G.J.,J.) (E.M.,J.) 30-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DIXIT To The Additional Chief Secretary-cum- Commissioner of Land Administration Chepauk Chennai 600 005. The District Collector Namakkal Namakkal District. The Revenue Divisional Officer Namakkal Namakkal District.
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WP No. 39533 of 2026
The Tahsildar Rasipuram Taluk Namakkal District. The Village Administrative Officer Pattanam Village Rasipuram Taluk Namakkal District.
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WP No. 39533 of 2026
DR.G.JAYACHANDRAN, J. AND E.MANOHARAN, J. DIXIT WP No. 39533 of 2026 30-09-2026
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