N.NALLUSAMY vs THE DISTRICT COLLECTOR

Court
Madras High Court

WP.No.27773 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-10-2026
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP.No.27773 of 2026
CNR:{HCMA011282952026}
N.Nallusamy
..Petitioner
Vs
1. The District Collector,
Namakkal District,
Namakkal.
2. The District Revenue Officer,
Namakkal District,
Namakkal,
3. The Revenue Divisional officer,
Thiruchengodu Division,
Namakkal District.
4. The Revenue Tahsildar,
Paramathi Vellore Taluk,
Namakkal District.
5. The Special Tahsildar.
Adi-Dravidar Welfare Department,
Paramathi Vellore Taluk,
Namakkal District.
6. The Revenue Inspector,
Jadarpalayam Firka,
Paramathi Vellore Taluk,
Namakkal District.
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WP.No.27773 of 2026
7. The Village Administrative Officer,
Kothamangalam Village,
Paramathi Vellore Taluk,
Namakkal District.
8. The District Registrar,
Office of the District Registrar Office,
Namakkal District. Namakkal.
9. The Sub Registrar,
Office of the Sub Registrar Office,
Vellore Namakkal District.
10. Rasammal
..Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
for issuance of Writ of Mandamus, directing the respondents 1 to 9 to
remove the encroachment in Survey Nos.328/50, 51 52, 53
Kothamangalam Village, Paramathi Vellore Taluk, Namakkal District
th
encroachment made by the 10 respondent and further direct the
respondents 1 to 9 to maintain the Government Poromboke land without
any encroachment and to maintain as public purpose as per revenue
records.
For Petitioner: Mr.A.Praveen
For Respondents: Mr.S.Rishab Narayanan
Government Advocate For R1 to R9
Mr.L.Mouli For R10
ORDER
(Order of the Court was made by S.M.Subramaniam, J.)
With reference to the relief sought for in the present writ petition,
the Tahsildar, Paramathivelur filed a counter affidavit.
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WP.No.27773 of 2026
2.Reading of the counter affidavit would show that the revenue
authorities conducted survey and found the following position emerged
from the official records and field inspection:
(i) S.No.328/50:
Though reflected as vacant in the village account, the
land had been granted to Thangavel under
HSD/236/1405 dated 09.08.1995 and his son Prakash
is presently stated to be in possession and enjoyment
after putting up a house.
(ii) S.No.328/51:
The village account reflects the land as vacant;
th
however, field inspection reports revealed that the 10
respondent, Rasammal, has encroached put up a
cement-sheet house and is residing therein.
(iii) S.Nos.328/52 and 328/53:
The lands are covered by Patta No.435 and the
subsequent revenue records reflect transfer of the
th
combined extent in favour of the 10 respondent
pursuant to registered Document No.595/2024 dated
19.02.2024 and the consequential revenue
proceedings.
3.However, in paragraph 37 of the counter affidavit, the Tahsildar
has stated that S.No.328/51 to an extent of 0.0156.5 sq.m. has been
th
encroached upon by the 10 respondent by putting up cement sheet
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WP.No.27773 of 2026
house and she is residing there. The Tahsildar further stated that due
process of law will be followed for removal of encroachment.
4.In view of the details provided in the counter affidavit filed by the
Tahsildar, this Court is inclined to direct the official respondents to
initiate enforcement action in respect of the encroachments identified by
following the procedures as contemplated under the Tamil Nadu Land
Encroachment Act and remove the encroachments. The entire exercise
is directed to be completed within a period of twelve weeks from the date
of receipt of a copy of this order.
5.With these directions, the Writ Petition stands disposed of. No
costs.
(S.M.S.,J.) (R.R.V.,J.)
30-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
cse
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WP.No.27773 of 2026
To
1. The District Collector,
Namakkal District,
Namakkal.
2. The District Revenue Officer,
Namakkal District,
Namakkal,
3. The Revenue Divisional officer,
Thiruchengodu Division,
Namakkal District.
4. The Revenue Tahsildar,
Paramathi Vellore Taluk,
Namakkal District.
5. The Special Tahsildar.
Adi-Dravidar Welfare Department,
Paramathi Vellore Taluk,
Namakkal District.
6. The Revenue Inspector,
Jadarpalayam Firka,
Paramathi Vellore Taluk,
Namakkal District.
7. The Village Administrative Officer,
Kothamangalam Village,
Paramathi Vellore Taluk,
Namakkal District.
8. The District Registrar,
Office of the District Registrar Office,
Namakkal District. Namakkal.
9. The Sub Registrar,
Office of the Sub Registrar Office,
Vellore Namakkal District.
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WP.No.27773 of 2026
S.M.SUBRAMANIAM, J.
AND
R.RAJESH VIVEKANANTHAN, J.
cse
WP.No.27773 of 2026
30-10-2026
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