M.Parthiban vs The District Collector
- Court
- Madras High Court
2026:MHC:4418
WP.No.2942 of 2023
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.2942 of 2023
CNR:{HCMA010173542023}
M.Parthiban
..Petitioner
Vs
1. The District Collector,
Thiruvallur District,
Thiruvallur.
2. The District Revenue Officer,
Thiruvallur District,
Thiruvallur.
3. The Thasildar,
Uthukottai Taluk,
Thiruvallur District.
4. The Block Development Officer,
Periyapalayam Panchayat Union,
Periyapalayam, Thiruvallur District.
5. The President,
Periyapalayam Panchayat, Periyapalayam,
Thiruvallur District.
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6. K.Purushottaman
7. V.Ravichandran
8. Devika Ammal
9. Ambika
10. Kalaiselvi
11. E.Balu Pandithar
12. K.Dilli Babu
13. Mammath
14. Suresh Kumar
15. P.Dhanasekaran
16. Arunagiri
17. K.N.Chandraprakash
18. Vijiyan
19. K.Srinivasan
20. Aasira Begum
..Respondents
(R4 to R20 impleaded as per order dated
27.10.2026 made in WMP.Nos.4134/2023,
15981/2025 and 48442/2026)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
for issuance of writ of Mandamus, directing the respondents to consider
the representation of the petitioner dated 23.12.2022 by removing the
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enchroachment upon the public Bus Stand measuring about 78 cents
situated at No.66, Periyapalayam Village, Uthukottai Taluk Thiruvallur
District and restore the bus stand for the benefit of general public.
For Petitioner: Mr.A.Ramesh
for Mr.R.Sankarasubbu
For Respondents: Ms.R.K.Varshini
Government Advocate for R1 to R3
Mr.Samir S.Shah
for Mr.John Josh for R6 to R14
Mr.Dilip Kumar for R15 to R20
ORDER
(Order of the Court was made by S.M.Subramaniam, J.)
Writ of Mandamus has been instituted to direct the respondents to
consider the representation of the petitioner dated 23.12.2022 for
removing the encroachment upon the public bus stand measuring 78
cents situated at No.66, Periyapalayam Village, Uthukottai Taluk,
Tiruvallur District and restore the bus stand for the benefit of the general
public.
2.The petitioner would submit that in Tiruvallur District, Uthukottai
Taluk, No.66 at Periyapalayam Village bearing S.No.206/1A measuring
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an extent of 38 cents and S.No.206/4A measuring an extent of 40 cents,
totally 78 cents of land was owned by the grandfather of the petitioner
one Mr.Kannappa Mudaliar, son of Balakrishnan Mudaliar. The said
Kannappa Mudaliar gifted the subject land to Periyapalayam Panchayat
by way of registered gift deed in Document No.189 of 1957 dated
19.02.1957 on the file of the Sub-Registrar, Arani. The gift deed was
executed for the purpose of using the land as bus stand for the benefit of
the general public. Patta has been issued in Patta No.206 in the name
of Periyapalayam Panchayat.
3.Few persons have encroached upon the gifted land and put up
some structures. Thus the petitioner submitted a representation for
removal of encroachment and utilise the land for the benefit of the public
at large. Since no action has been taken, the present writ petition came
to be instituted.
4.The learned counsel appearing on behalf of the private
respondents would submit that they are the bonafide purchasers of the
land and they possess sale deeds to establish their purchase. However,
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the learned counsel for the petitioner would reiterate that the land was
gifted by the grandfather of the petitioner through a gift deed, therefore
subsequent alienation of the property is null and void and cannot be
executed.
5.The Tahsildar, Uthukottai Taluk initiated enforcement action by
issuing a notice under Section 7 of the Tamil Nadu Land Encroachment
Act, 1905. Subsequently, the said action was dropped. On noticing the
same, this Court passed an order asking the Tahsildar to explain the
reasons for dropping of enforcement action initiated under the Tamil
Nadu Land Encroachment Act. Thus, a fresh affidavit was filed by the
Tahsildar stating that enforcement action initiated under the Tamil Nadu
Land Encroachment Act was dropped on the wrong presumption that the
subject lands are patta lands. The Tahsildar further states that an extent
of 78 cents comprising in S.Nos.206/1A and 206/4A in Periyapalayam
Village had been gifted by one Mr.Kannappa Mudaliar to the Village
Panchayat for bus stand as per registered Document No.189 of 1957,
however his son Mr.K.Natarajan executed sale deed in favour of private
respondents.
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6.Once the land is gifted in favour of Village Panchayat for public
usage and for the benefit of the public at large, further alienation done by
the donor cannot be sustained and those documents are null and void.
In pursuance to the gift deed, the land vests with the Village Panchayat
and patta also has been issued in favour of the Village Panchayat,
therefore the Tahsildar ought not to have dropped all further actions. In
this regard, the learned Government Advocate would submit that the
Tahsildar had committed a mistake based on presumptions and
therefore, the authorities will initiate all further actions. The Tahsildar in
the affidavit has stated that the proceedings were inadvertently dropped
vide proceedings in R.C.No.1562/2024/B1 dated 29.01.2026 and they
are ready and willing to rectify the said error and take appropriate action
in accordance with law by following due procedures contemplated under
the Tamil Nadu Land Encroachment Act.
7.In view of the sworn affidavit filed by the Tahsildar, Uthukottai,
this Court is inclined to direct the official respondents to initiate
enforcement action afresh and issue show cause notice to the
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encroachers. The contesting respondents as well as the encroachers
who received notice are at liberty to submit their explanations along with
the documents, if any, to defend their case. On receipt of any such
representation/explanation, the competent authority shall consider the
same and thereafter, proceed with all enforcement actions by following
the procedures as contemplated under the Tamil Nadu Land
Encroachment Act. 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.
8.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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To
1. The District Collector,
Thiruvallur District, Thiruvallur.
2. The District Revenue Officer,
Thiruvallur District Thiruvallur.
3. The Thasildar,
Uthukottai Taluk, Thiruvallur District.
4. The Block Development Officer,
Periyapalayam Panchayat Union,
Periyapalayam, Thiruvallur District.
5. The President,
Periyapalayam Panchayat, Periyapalayam ,
Thiruvallur District.
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S.M.SUBRAMANIAM, J.
AND
R.RAJESH VIVEKANANTHAN, J.
cse
WP.No.2942 of 2023
30-10-2026
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