WP/35583/2026 of K.Sridevi Vs The Tahsildar on 2 September 2026

ORDER

(Order of the Court was made by Dr.G.Jayachandran J.) The Tahsildar, Avadi, issued a notice to the writ petitioner stating that she is in illegal occupation of the Government land in Survey No.242/1 classified as

“Government Poramboke Thoppu”. Following the issuance of a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, on 11.01.2025 to show-cause why the encroacher should not be evicted and on considering the objections, a notice under Section 6 of the Act dated 29.05.2026 was served. Aggrieved by the Section 6 notice, a revision petition was preferred to the Government under Section 10 A(1)(c) of the Act, which was subsequently rejected. As a consequence, the Tahsildar issued the impugned notice directing the eviction of the encroached portion in Survey No.242/1 within seven days.

2. The learned counsel appearing for the petitioner submitted that the petitioner, Sridevi, is the lawful owner of the land in Survey No.248/1, which was purchased by her father and being in occupation of the same for several years. He contended that no notice, either under Section 7 or under Section 6, was ever served on the petitioner, nor did she prefer any revision petition before the Government. He further submitted that the impugned notice was affixed on the doors of the petitioner’s house, as if she has encroached Survey No.242/1 who is liable to be evicted.

3. The learned Special Government Pleader appearing for the respondent fairly concedes that no notice was served on the petitioner earlier, nor the petitioner participated in the enquiry proceedings. He also submitted that while the classification of Survey No.242/1 as “Government Poramboke

Thoppu” is undisputed, the only dispute is whether the petitioner is in occupation of the said land. He further submitted that the eviction process initiated for Survey No.242/1 does not suffer any infirmity and those who have been in occupation of the said portion of the land were caused notices. If the petitioner is not in possession of Survey No.242/1 and only in occupation of Survey No.248/1, the revenue authorities will not proceed against the petitioner’s possession.

4. The proceedings of the Revenue Department enclosed in this writ petition indicates that a large extent of land classified as “Sarkar Wet Land” was the subject matter of the proceedings under the Tamil Nadu Reforms (Fixation of Ceiling on Land) Act. Subsequently, the occupants on the portion classified as “Government Poramboke Thoppu” (Old Survey No.242/1) were directed to vacate from the encroached portion.

5. If the writ petitioner holds a valid title and right over Survey No.248/1, her possession cannot be disturbed on the strength of the impugned notice, which refers only Survey No.242/1. If the revenue authorities, after verifying the records, find that Survey No.248/1 is also the Government land and has been encroached upon by the petitioner, they must initiate separate proceedings in accordance with the law. The petitioner’s possession of Survey No.248/1 cannot be disturbed on the strength of the impugned notice.

6. Therefore, we make it clear that the eviction and removal of encroachment shall be confined to Survey No.242/1, over which the petitioner claims no right, enjoyment or possession, even according to her own affidavit. At the same time, the eviction process shall not proceed against Survey No.248/1, for which the petitioner has document to show semblance of right and in any eviction proceedings to be done after due process of law.

7. With these observations, this Writ Petition is disposed of. Consequently, the connected Miscellaneous Petitions are closed. No costs. (Dr.G.J.,J.) (E.M.,J.) 02-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rpl/aj To The Tahsildar Office of the Tahsildar, Avadi, Tiruvallur District.

DR.G.JAYACHANDRAN J. and E.MANOHARAN J. rpl/aj Writ Petition No. 35583 of 2026 and W.M.P.Nos.39742 and 39743 of 2026 02-09-2026