Miron Latha vs The Chief Secretary to Government

WP No. 44794 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-11-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP No. 44794 of 2026
CNR:{HCMA012359252026}
Miron Latha
D/o.Miron Selvaraj,
No.22, 1st Main Road,
4th Cross, Ezhil Nagar North,
Puducherry-605 003
..Petitioner(s)
Vs
1. The Chief Secretary to Government
Government of Puducherry,
Chief Secretariat, Puducherry-605 001.
2. The District Collector
office of the District Collector,
1st Floor, new Collectorate Building,
Vazhudavur Road, Pettayanchattiram,
Puducherry-609 009
3. The Sub Collector (Revenue North)
Office of the Sub Collector (Revenue North)
Puducherry.
4. The Tahsildar
East Coast Road, Kottupalayam,
Lawspet Post, Puducherry-605 008
5. The Commissioner
Oulgaret Municipality,
Puducherry.
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WP No. 44794 of 2026
6. Bagyalakshmi
w/o.Ramesh Gupta
No.3, 3rd Cross Street,
Ezhil Nagar North, Puducherry-605 003
..Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for
a writ of Mandamus directing the respondents 1 to 5 to forthwith conduct an
accurate, joint re-survey of the properties and public pathway, rain water
channel area comprised in R.S. Nos.250/4 and 250/1E, Saram Revenue
Village, Oulgaret Taluk, Puducherry, with the assistance of senior survey
officials and based on original revenue records, FMB sketches and sub-
division files, consequently direct the 4th respondent to remove the illegally
occupied of the 6th respondent measuring an extent of 951 sq.ft made by the
6th respondent on the public pathway, drainage course, rain water channel
area and the offending water tanks causing dampness and restore the same
for unhindered run-off and public use .
For Petitioner(s): Mr.R.Cyril Vivekanandan
For Respondent(s): Dr. B. Ramaswamy
Additional Government Pleader For R 1-5
Order
(Order of the Court was made by S.M.Subramaniam J.)
The present writ petition has been filed seeking a direction to the
respondents to conduct a survey and remove the encroachment made by the
th
6 respondent in the public pathway.
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WP No. 44794 of 2026
2. Learned counsel for the petitioner states that the petitioner is the
absolute owner of the residential property bearing bearing R.S.Nos.250/4 and
250/1E, Saram Revenue Village, Oulgaret Taluk, Puducherry. On the northern
and western side of the petitioner's property, a public pathway exists and the
grievance of the petitioner is that there is encroachment causing flood during
rainy season. The petitioner raised allegation against the 6th respondent one
Mrs.Bagyalakshmi, who is the owner of the adjacent property. The petitioner
on an earlier occasion, filed a complaint for removal of encroachment by
conducting a survey. The Tahsildar-cum-Executive Magistrate conducted a
field inspection, verified the documents produced between the parties and
submitted a report to the Sub-Collector, Revenue North, Puducherry on
04.12.2024, marking a copy to the petitioner.
3. The said report of the Tahsildar clearly shows that the officials
conducted field inspection and reported that the petitioner is residing in a
residential property in an extent of 5400 sq.ft at R.S.No.250/1, Sara, Revenue
Village, Puducherry. It is found that some waste materials were dumped in a
vacant plot next to the petitioner’s house. The adjacent property in
th
R.S.No.250/4 is now in the possession and enjoyment of the 6 respondent.
She also had constructed a concrete building and she is the Pattadar.
Therefore, the authorities found that there is no encroachment on the
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WP No. 44794 of 2026
Government pathway. The complaint given by the petitioner that the
Government Poramboke land has been encroached upon was found to be
incorrect and the authorities arrived at a decision that it is a Patta land.
4. The petitioner has not challenged the said reply given by the
authorities. Contrarily, she had given a fresh complaint after a lapse of one
year. Again the authorities conducted field inspection and gave a reply to the
petitioner on 14.05.2025 reiterating the fact that there is no encroachment and
the subject land is a Patta land. The said proceedings also remains
unchallenged. Pertinently, two different complaints given by the petitioner in
the year 2024 and 2025 respectively wee taken into consideration and the
competent authority conducted field inspection and found that there is no
encroachment in the subject property. Though the petitioner accepted the
reply given in the year 2024 and 2025, she again filed the present writ petition
seeking a direction for conducting a fresh survey and to remove the
encroachment. A perusal of the affidavit filed in support of the writ petition
th
would show that on account of certain personal enmity or motive on the 6
respondent, the present writ petition came to be instituted. The petitioner
having not challenged the earlier reply given by the authorities in the year
2024 and 2025, filing the present writ petition seeking a direction to conduct a
fresh survey is not entertainable.
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WP No. 44794 of 2026
5. This Court is of the considered view that, whenever a petition seeking
removal of encroachment is filed, the person approaching the Court is
expected to provide correct facts and by impleading the encroachers. If any
writ petition is filed even on some presumptions and assumptions regarding
encroachments, such writ petitions are to be dismissed in limine and if there is
an ill motive has been established, then this Court will be forced to impose
costs. The present writ petition is one such, where the petitioner has not
challenged the two reply letters served on her in the year 2024 and 2025, but
filed the present writ petition again for a direction.
6. In view of the above facts and circumstances, the present writ petition
is dismissed with costs of Rs.10,000/- (Rupees Ten Thousand Only) to be
paid to Tamil Nadu Advocate Clerks' Association, Indian Bank, High Court
Branch, Account No. 484026006, IFSC Code: IDIB000M157 on or before
12.11.2026. Post the writ petition for reporting compliance on 13.11.2026.
(S.M.S.,J.) (R.R.V.,J.)
03-11-2026
Index: Yes
Speaking/Non-speaking order
Neutral Citation: Yes/No
KST
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WP No. 44794 of 2026
To
1. The Chief Secretary to Government
Government of Puducherry,
Cheif Secretariat, Puducherry-605 001.
2. The District Collector
office of the District Collector,
1st Floor, new Collectorate Building,
Vazhudavur Road, Pettayanchattiram,
Puducherry-609 009
3. The Sub Collector (Revenue North)
office of the Sub Collector (Revenue North)
Puducherry.
4. The Tahsildar
East Coast Road, Kottupalayam,
Lawspet Post,
Puducherry-605 008
5. The Commissioner
Oulgaret Municipality,
Puducherry.
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WP No. 44794 of 2026
S.M.SUBRAMANIAM J.
AND
R.RAJESH VIVEKANANTHAN J.
KST
WP No. 44794 of 2026
03-11-2026
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