Madras High CourtWP/6066/2021disposed of

A.Radhakrishnan v. The Secretary To Government

2026-03-09Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice K. Surender7 pages

2026:MHC:983

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-03-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER A.Radhakrishnan S/o.T.Arumuga Gounder, Kannankurichi, Salem- 636 008.

..Petitioner(s) Vs

1. The Secretary to Government Revenue Department, Secretariat, Chennai- 600 009.

2. The Secretary To Government Home Department, Secretariat, Chennai- 600 009.

3. The Commissioner Of Revenue Administration, Chepauk, Chennai - 600 005.

4. The Commissioner Of Land Administration, Chepauk, Chennai- 600 005.

5. The Director Of Survey And Settlements Chapuak, Chennai- 600 005.

6. The Director Geology and Mining Department, Guindy, Chennai- 600 032.

7. The Commissioner of Archaeological Department, Egmore, Chennai- 600 008.

8. The Director General of Police Dr.Radhakrishnan Salai,Chennai- 600 004.

9. The Director of Vigilance and Anticorruption,Alandur, Chennai- 600 016.

10.The District Collector Salem- 636 001.

11.The Sub Divisional Executive Magistrate Cum Revenue Divisional Officer,Salem- 636 001.

12.The Taluk Executive Magistrate Cum Tahsildar.Salem- 636 001.

13.The Commissioner of Police Salem- 636 006.

14.G.Raji S/o.Ganesan, Poiman Karadu (North), Nazhikalpatty village, Salem Taluk and District. 15.The Archaeological Officer, Dharmapuri.

16.The Assistant Director, Geology And Mining, Dharmapuri.

(R15, R16 Suo-motu impleaded vide Order Dt 17/6/2021 made In WP.6066/2021 by NKKJ, TVTSJ) ..Respondent(s) To direct the respondents 1 to 13 to remove the encroachment found in public land in survey No.174/1, Nazhikalpatty,Salem District in compliance of order passed by this Honble Court in W.P. No.32284 of 2005 on 07.01.2019 and consequently issued direction directing the respondents 1 and 3 issue suitable direction to the 10th respondent to initiate appropriate departmental action as against the erring officials who failed to remove the encroachment in the public land in compliance of the specific direction issued

by this Honble court in 32284 of 2005 by considering petitioner representations dated 19.02.2020 and 10.02.2021. For Petitioner(s):

Mr.A.Radhakrishnan (P-in-P) For Respondent(s):

Mr. T. Arun Kumar, Addl.G.P. for R1 to R13, R15 & R16 Mr.N.Suresh for R14

ORDER

(Order of the Court was made by S.M.Subramaniam J.) Writ of Mandamus has been instituted to direct the respondents 1 to 13 to remove the encroachment found in public land in survey No.174/1, Nazhikalpatty, Salem District in compliance of order passed by this Honble Court in W.P. No.32284 of 2005 on 07.01.2019 and consequently issue direction directing the respondents 1 and 3 issue suitable direction to the 10th respondent to initiate appropriate departmental action as against the erring officials who failed to remove the encroachment in the public land in compliance of the specific direction issued by this Honble court in 32284 of 2005 by considering petitioner representations dated 19.02.2020 and 10.02.2021.

2. Pursuant to the interim direction issued by this Court, the Commissioner, Land Acquisition, Chennai, filed a status report. The subject land in S.No.174/1, admeasuring 83.04.5 hectares of land in Naalikkalpatty Village, Salem Taluk, is registered as Government poramboke with

classification as Unassessed waste dry and in the remarks column as Poimaankaradu. The subject land is entered in the prohibited order book maintained in the Taluk office in ancient monuments register book, one of the village manual maintained by the Village Administrative Officer.

3. In view of the fact that the land has been classified as government poramboke, the present writ petition has been instituted seeking eviction of encroachers. The revenue authorities conducted survey of the entire subject land and found several encroachments. Action was taken by the Government to convert the said government land as house site and allot the same to landless poor persons. Consequently, the Government issued an order in G.O.Ms.No.97 Revenue and Disaster Management Department dated 21.02.2025 assigning government poromboke lands for construction of dwelling houses to the landless poor persons. The Commissioner of Land Administration clearly stated that the District Collector was directed to protect the remaining extent of land in S.F.No.174/1 by entering in the Prohibitory Order Book and ensure that no encroachment is entertained in future.

4. In view of the statement made by the Commissioner of Land Administration, the District Collector is directed to initiate all appropriate action to ensure that the remaining lands in S.F. 174/1 is protected and utilised for public purposes. As far as the encroachers are concerned, pattas are granted in their favour for construction of dwelling houses by identifying the fact that

they are landless poor persons.

5. In view of the above status report, no further order is required. Accordingly, the Writ Petition stands disposed of. No costs. (S.M.S.,J.) (K.S.,J.) 09-03-2026 Index: Yes/No Speaking/Non-speaking order vsi To