WP(MD)/907/2025 of Rani Vs The District Collector on 17 September 2026

ORDER

Heard the learned counsel for the writ petitioners and the learned Additional Government Pleader for the official respondents.

2. The sixth respondent herein had earlier filed W.P.(MD)No.10875 of 2024 for removing the encroachment in S.No.324, Madagudi Village in Kumbakonam Taluk. The said writ petition was disposed of by us in the following terms:- “When the matter was taken up for hearing, the learned Additional Government Pleader produced records to show that S.No.324, Madagudi Village has been classified as “Vellakkarai Oram”. It is beyond dispute that it has been classified only as “sarkar poramboke”. Therefore, encroachment committed by any person cannot be permitted.

2. The fourth respondent undertakes before this Court to conduct survey, issue notices to all the interested parties/encroachers, hold enquiry and if encroachment is confirmed, remove the encroachment. The entire exercise shall be completed within a period of five months from the date of receipt of a copy of this order.” Contending that the said direction has not been complied with, the contempt petition came to be filed.

3. When the matter was taken up for hearing, it was pointed out that the order of this Court could not be enforced on account of pendency of W.P. (MD)No.907 of 2025. Admittedly, the writ petitioners herein do not have any patta in their favour. That is why, the prayer in the writ petition itself is for issuance of patta. S.No.324 has been classified as Vellakkarai Oram. We wanted to know the meaning of the said term. Thereupon, the Assistant Engineer, WRD, has filed counter affidavit. Paragraph Nos.8 to 10 read as follows:- “8.The contention that the subject land is merely ordinary “Sarkar Poramboke” and it is not connected with any water- related/flood-protection land is denied. As per A-Register, the subject land is specifically classified as WRD Vellakarai (Flood Bank). The contention that there is no Vellakarai/Flood Bank at the subject location is denied.

9. It is respectfully submitted that “Vellakarai (Flood Bank)” denotes the protective bank associated with a river or watercourse. Such land serves the purpose of protecting the adjoining areas during periods of flood and need not contain standing or flowing water throughout the year. Therefore, the absence of standing water at a particular point of time cannot alter the classification of the land as WRD Vellakarai (Flood Bank).

10. The subject land is situated in the vicinity of Mudikondan River and the official records identify the said land as Vellakarai belonging to the Water Resources Department.”

4. We are of the view that occupation of Vellakarai is also an objectionable one. This is because, it only protects the adjoining lands. We are therefore not in a position to grant any relief to the petitioner. The Writ Petition stands dismissed.

[G.R.S., J.] [B.P., J.] 17.09.2026 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To

1. The District Collector Collectorate Thanjavur .

2. The District Revenue Officer Thanjavur District Collectorate Thanjavur

3. The Revenue Divisional Officer Kumabkonam Division Kumbakonam Thanjavur District

4. The Thasildhar Kumbakonam Taluk Thanjavur District.

G.R.SWAMINATHAN, J and B.PUGALENDHI, J. rmi W.P(MD)No.907 of 2025 17.09.2026