WP/28454/2026 of P.S.PONNUSAMI Vs The District collector on 2 November 2026

ORDER

(Order of the Court was made by S.M.Subramaniam, J.) Writ of Mandamus has been instituted to direct the respondents 1 to 4 to take appropriate action against the encroachment made by the

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respondents 5 to 8 in R.S.No.381/1 situated at Emmapoondi Village, Nambiyur Taluk, Erode District and restore the pond in its original position.

2. The Tahsildar, Nambiyur filed a status report stating that no encroachments are identified. Paragraph 6 of the status report reads as under: “6.I respectfully submit that after the inspection of the land on 31.07.2026, again on 07.10.2026, the officials have inspected the land bearing R.S.No.381/1 (old survey No.188-B) admeasuring an extent of 0.45.5 Hectares classified as Sarkar Poramboke and in the remarks column it was recorded as Kuttai and the private patta land bearing R.S.No.381/2B2 – 1.40.50 Hectares is recorded in the name of P.S.Ponnusamy, S/o.Subbaya Gounder vide patta No.1225. The land bearing R.S.No.381/2B1A – 4.76.72 Hectares is recorded in the names of private pattadars vide patta No.1898. On the day of inspection on 07.10.2026, it was found that it is situated sloping from the Western to the eastern side, and so, the rainwater has been stagnating during the rainy season in the small portion of the land. Since the land slopes from the western to

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the eastern side, when the rainwater is in excess, the excess water would be out. Further, the agricultural lands surrounded to the Kuttai Poramboke land in 381/1, the lands are in barren without any cultivation. At present, no encroachments are surrounding to the Kuttai Poramboke land the Kuttai Poramboke land is in barren. There is no any encroachments in the said Kuttai (Pond) Poramboke. Since, there is no encroachment in the Pond, the question of removal of the encroachment is not necessary.”

3. In view of the fact that the authorities have not identified any encroachment in the subject property, no further adjudication is required.

4. Accordingly, the Writ Petition stands dismissed. No costs. (S.M.S.,J.) (R.R.V.,J.) 02-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No cse

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To

1. The District Collector, District Collectorate, Perundurai Road, Erode District -638 011.

2. The Revenue Divisional officer, Gobichettipalayam Division, Erode District -638452.

3. The Tahsildar, Nambiyur Taluk, Nambiyur, Erode District -638 458.

4. The Sub Registrar, Sub Registrar Office, Nambiyur, Erode District -638458.

5. The Assistant Engineer, Survey and Land Records, Erode.

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S.M.SUBRAMANIAM, J. AND R.RAJESH VIVEKANANTHAN, J. cse WP.No.28454 of 2026 02-11-2026