Theni Wall Dispute: Madras HC Says Encroachment Action Depends On Poramboke Status; Claim Of Natham Land Can Go To Civil Court

The petitioner sought a writ of mandamus directing respondents 1–8 to remove an alleged compound-wall encroachment by respondents 9 and 10 on land at Oonjampatti Village, Theni Taluk, described as Government poramboke in Old Survey No. 328/1A and New Survey Nos. 1492/16 and 1492/6.

The petition relied on representations dated 7 and 11 July 2025.

The Tahsildar’s report stated that Survey Nos. 1492/6 and 1492/16 were classified as Government poramboke in the revenue records.

The private respondents disputed that classification, contending that the land was natham land and that the ‘A’ Register reflected that status.

Whether the competent authorities should act on the alleged encroachment if the subject land is Government poramboke.

Whether the private respondents’ claim that the land is natham, rather than Government poramboke, could be resolved in this writ proceeding.

The Court stated that encroachment on land that is in fact Government poramboke must be addressed by the competent authorities under the applicable law and through due process.

A person served with notice is entitled to submit objections and defend their claim in accordance with law.

The Court did not identify a specific statute or precedent; it indicated that a claim that the land is natham rather than Government poramboke may be pursued before the competent Civil Court.

The Tahsildar’s report and the revenue records supported the classification of the subject lands as Government poramboke.

However, the private respondents disputed that classification by relying on the ‘A’ Register and asserting that the land was natham.

The Court did not determine the competing classification claim or order immediate removal of the wall.

Instead, it left enforcement to the competent authorities, subject to due process and the respondents’ right to object, while directing the private respondents to pursue their natham-land claim before the Civil Court.

It held that, if the lands are Government poramboke, the competent authorities may address any encroachment in accordance with law and due process; respondents 9 and 10 may submit objections to any notice issued.

They may pursue their claim that the lands are natham before the competent Civil Court.