Original Patta Missing, Copy Overwritten: Madras HC Rejects Woman’s Challenge To Encroachment Removal After Collector Found Patta Fabricated

The petitioner challenged the Tahsildar’s order dated 21 September 2026 requiring her to remove an alleged encroachment.

She had previously been ordered evicted under Section 6 of the Tamil Nadu Land Encroachment Act; the District Collector dismissed her appeal on 11 September 2026, finding that the patta on which she relied was fabricated.

Although the petitioner stated that she had filed a revision before the Government, she did not produce the original patta when called upon by the Court. The photocopy produced contained overwriting.

The Court considered the eviction order made under Section 6 of the Tamil Nadu Land Encroachment Act.

It applied the principle that, where the appellate authority had specifically found the petitioner’s patta to be fabricated, the petitioner bore the burden of satisfying the Court that the patta had in fact been issued by the competent authority.

No precedent was cited.

The District Collector had made a specific finding that the patta was forged.

The petitioner did not produce the original document, and the photocopy before the Court was overwritten. In those circumstances, the petitioner failed to discharge the burden of establishing the patta’s authenticity; the Court therefore found no basis to grant relief against the encroachment proceedings.

The connected miscellaneous petition was closed.