Facts
The Petitioner, a community welfare association, filed a Writ of Mandamus seeking the removal of illegal encroachments on public lands (S.F. Nos. 320, 323, and 333) in Konambedu-Narayanpuram Villages.
Source reference: p. 2The lands, classified as threshing floors, water catchment areas, and farm nursery lands, were allegedly encroached upon by educational institutions (Respondents 4 and 5).
Source reference: p. 2-3During proceedings, the Court directed the District Revenue Officer to inspect the site.
Source reference: no citationThe resulting status report confirmed that St. Peter’s Institute of Higher Education & Research had encroached upon government poromboke land by constructing compound walls, college buildings, and a road.
Source reference: p. 4-5Additionally, the Avadi Municipal Corporation was found to have constructed an animal breeding centre on the subject land.
Source reference: p. 5Issues
1. Whether the respondents are liable to be evicted from the subject lands in S.F. Nos. 320, 323, and 333 based on the classification in the ‘A’ Register.
Source reference: p. 3-42. Whether the authorities should be directed to recover the encroached lands for public infrastructure and educational purposes.
Source reference: p. 2-3Law Applied
The Court primarily applied the provisions of the Tamil Nadu Land Encroachment Act, 1905, which provides the legal framework and procedure for the eviction of unauthorized occupants from government-owned lands.
Source reference: p. 5It also adhered to the principle of natural justice, requiring that "opportunity has to be provided to the alleged encroachers" before final enforcement.
Source reference: p. 6Furthermore, the court relied on the evidentiary value of the "Re-survey and Re-settlement ‘A’ Register" to determine the classification and ownership of the lands as Sarkar Poromboke (Government land).
Source reference: p. 4Reasoning
The Court relied heavily on the factual findings of the status report submitted by the District Revenue Officer, which quantified the specific extent of encroachments by the private educational institutions, including 232 sq. meters of compound wall and 132 sq. meters of building in S.F. 320, and 723 sq. meters of building in S.F. 323.
Source reference: p. 4-5Since the 'A' Register established these lands as Government Poromboke (specifically Kallanguthu, Pallam, and Kalam), the occupation by Respondents 4 and 5 was determined to be illegal.
Source reference: p. 4To ensure effective enforcement, the Court suo-motu impleaded the Commissioner of the Avadi Corporation as the 10th Respondent.
Source reference: p. 5The Court reasoned that once an encroachment is identified by the revenue authorities, the executive has a duty to initiate enforcement action under the relevant statutes while ensuring due process for the occupants.
Source reference: p. 5-6Holding
The Court disposed of the writ petition by directing the Commissioner of Avadi Corporation (Respondent 10) to initiate enforcement and eviction actions against the encroachers with the assistance of revenue authorities.
The Court held that the procedures under the Tamil Nadu Land Encroachment Act, 1905, must be followed, and a fair opportunity must be afforded to the alleged encroachers.
Source reference: p. 6The District Collector was directed to monitor the enforcement action and ensure it is completed expeditiously, preferably within twelve weeks.
Source reference: p. 6All connected miscellaneous petitions were closed.
Source reference: p. 6Original Court PDF
Konambedu Gramma Pothu Nalla Sangham v. The District Collector, Thiruvallur District & Others [2026:MHC:974 (WP No. 16314 of 2021)]
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