Saravanan vs The District Collector

WP(MD) No. 20186 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15-10-2026
CORAM
THE HON'BLE MR JUSTICE P.VELMURUGAN
AND
THE HON'BLE DR.JUSTICE P.MURUGAN
WP(MD) No. 20186 of 2025
CNR:{HCMD010875912025}
Saravanan
S/o.Chinnan,
E.B.Colony,
Nilakottai Taluk,
Dindigul District.
..Petitioner(s)
Vs
1. The District Collector
Theni District, Theni.
2. The District Revenue Officer,
Theni Disrict, Theni.
3. The Superintendent of Police,
Office of the Superintendent of police,
Theni District.
4. The Deputy Superintendent of Police,
Office of the Deputy Superintendent of police,
Theni District.
5. The Revenue Divisional Officer,
Periyakulam,
Theni District.
6. The Tahsildar,
Taluk Office, Theni district.
7. The Block Development Officer,
Theni,Theni District.
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WP(MD) No. 20186 of 2025
8. The Inspector of police,
Allinagaram Police Station,
Theni District.
9. T.Ramesh,
S/o.Thangaraj,
No.227, West Street,
Sukkuvadanpatt- Oonjampatti Village, Theni
Taluk, Theni District.
10.Gnanasekar,
S/o.Thangaraj,
West Street,
Sukkuvadanpatt- Oonjampatti Village, Theni
Taluk, Theni District.
..Respondent(s)
PRAYER: Writ Petition, filed under Article 226 of the Constitution of
India, praying this court to issue a Writ of Mandamus, directing the
respondents 1 to 8, to take necessary action against 9th and 10th
respondents and to remove an unauthorised and illegal
construction/encroachment of the compound wall made in the
Government Poromboke Land comprised in Old Survey No.328/1A, New
Survey Nos.1492/16 and 1492/6 at Oonjampatti Village, Theni Taluk,
Theni District by considering the petitioners representations dated
07.07.2025 and 11.07.2025 within the time limit that may be stipulated
by this Honble Court and pass such further or other orders as this Honb'le
Court may deem fit and proper in the circumstances of this case and thus
render justice.
For Petitioner(s): Mr. P. Sureshkumar
For Respondent(s): Mr.A.Mohan
Government Advocate (Civil side)
for R1, R2, R5 to R7
Mr.J.Vishnu
Government Advocate (Crl.side)
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WP(MD) No. 20186 of 2025
for R3, R4 & R8
ORDER
(Order of the Court was made by P.Velmurugan J.)
The writ petition has been filed seeking a writ of mandamus
directing respondents 1 to 8 to take necessary action against respondents
9 and 10 and to remove the unauthorised and illegal
construction/encroachment of a compound wall on the Government
poramboke land comprised in Old Survey No. 328/1A and New Survey
Nos. 1492/16 and 1492/6, situated at Oonjampatti Village, Theni Taluk,
Theni District.
2. When the matter came up for hearing on 07.09.2026, this Court
passed the following order:
“It is contended by the learned Counsel for the petitioner that
survey had been conducted. Records may be forwarded to the
learned Special Government Pleader.
2.Time is granted for filing counter by respondents 9 and 10.
3.Report of the Tahsildar, Theni Taluk and District/R6 be filed
by 12.10.2026.”
3. Today, when the matter is taken up for hearing, the report of the
Tahsildar, Theni Taluk, has been produced before this Court. The report
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WP(MD) No. 20186 of 2025
reveals that the lands comprised in Survey Nos. 1492/6 and 1492/16 are
classified as Government poramboke in the revenue records.
4. The learned counsel appearing for the private respondents would
submit that the subject lands are natham lands and that the ‘A’ Register
also reflects the classification as natham land and not as Government
poramboke. Therefore, it is contended that the provisions of the
applicable encroachment law cannot be invoked and that the authorities
have no jurisdiction to remove the alleged encroachment.
5. A perusal of the records reveals that the subject lands are
classified as Government poramboke in the revenue records. If the lands
are, in fact, Government poramboke lands, any encroachment thereon
shall be dealt with by the competent authorities in accordance with the
applicable law and by following the due process of law. If any notice is
issued by the competent authorities to respondents 9 and 10 in this regard,
they shall be at liberty to submit their objections and defend their claim in
accordance with law.
6. If the private respondents possess any documents to substantiate
their contention that the subject lands are natham lands and not
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WP(MD) No. 20186 of 2025
Government poramboke lands, they are at liberty to work out their
remedies before the competent Civil Court, in accordance with law.
7. Accordingly, the writ petition is disposed of. No costs.
(P.V.,J.) (P.M.N.,J.)
15-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
AM
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WP(MD) No. 20186 of 2025
To
1. The District Collector
Theni District, Theni.
2. The District Revenue Officer,
Theni Disrict, Theni.
3. The Superintendent of Police,
Office of the Superintendent of police,
Theni District.
4. The Deputy Superintendent of Police,
Office of the Deputy Superintendent of police,
Theni District.
5. The Revenue Divisional Officer,
Periyakulam,
Theni District.
6. The Tahsildar,
Taluk Office, Theni district.
7. The Block Development Officer,
Theni,Theni District.
8. The Inspector of police,
Allinagaram Police Station,
Theni District.
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WP(MD) No. 20186 of 2025
P.VELMURUGAN, J.
AND
DR.P.MURUGAN, J.
AM
WP(MD) No. 20186 of 2025
15-10-2026
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