V.Jayalakshmi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-06-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN WP No. 20349 of 2025 V.Jayalakshmi W/o. Velmurugan M Permanent Reside At No. 1a Manimaran Street, Walaja Town, Walaja Taluk, Ranipet Dist, Temporarily At No. 10 Abiramipuram Main Road, Abiramipuram, Pudur, Ambattur, Chennai 600 053.

Petitioner(s) Vs 1.The District Collector Ranipet District, Ranipet

2. The Commissioner Walajapet Municipality, Ranipet Dist 3.TAHSILDAR Walaja Taluk, Walajapet, Ranipet District

4. Danalakshmi P W/o. P Tamilkumaran No. 41/1 Kamkithakara Street, Walaja Town, Ranipet District ..Respondent(s) Prayer: Writ Petition filed under Section 226 of Indian Constitution to issue Writ of Mandamus to direct the Respondents 1-3 to take appropriate action to remove the unauthorized and illegal construction by the 4th respondent in Government Poramboke land comprised in T.S. No.1357, Ward No.2 Block No.21, No.41/I Kakithakara Street, Walaja Town, Walaja Taluk, Ranipet Page 1/6

District by considering the petitioner's representations dated 26.08.2024 and 19.02.2025.

For Petitioner(s):

Mr.V. Sithannan For Respondent(s):

Mr. M.Venkateswaran, Spl.G.P. For R1 To 3.

ORDER

(Order of the Court was made by the Hon'ble J.Nisha Banu J.) This Writ Petition has been filed to issue Writ of Mandamus to direct the Respondents 1-3 to take appropriate action to remove the unauthorized and illegal construction by the 4th respondent in Government Poramboke land comprised in T.S. No.1357, Ward No.2 Block No.21, No.41/I Kakithakara Street, Walaja Town, Walaja Taluk, Ranipet District by considering the petitioner's representations dated 26.08.2024 and 19.02.2025.

2. It is averred in the writ petition that the petitioner is the absolute owner of property comprised in New T.S. No. 1359/1, Ward No. 2, Block No. 21, measuring 6131⁄2 sq.ft., situated at Maniram Street, Walaja Town, Walaja Taluk, Ranipet District, acquired through a settlement deed dated 14.03.2024 Page 2/6

registered as Document No. 1416/2024. Adjacent to her property lies a Government Poramboke land T.S. No. 1357, Ward No. 2, Block No. 21, Kakithakara Street, which is vested with the Government and designated as a "Street" in revenue records.

3. The 4th respondent is alleged to have purchased 609 sq.ft. of this Government Poramboke land through a sale deed dated 05.09.2022 registered as Document No. 5278/2022 and constructed a commercial-cum-residential building consists of two shops on the ground floor and residential units on the 1st and 2nd floors without obtaining planning permission.

4. The petitioner submitted multiple representations dated 26.08.2024 and 19.02.2025 to the 3rd respondent/Tahsildar seeking action against the encroachment and no action was taken by the other respondents on such encroachment. The 2nd respondent's inspection confirmed the encroachment vide Na.Ka. No. 1019/2024/F1 dated 05.08.2024, but no remedial steps were taken. The petitioner highlights that revenue records and Town Survey Land Register explicitly classify the land as Government Poramboke, rendering the 4th respondent's occupation unlawful.

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5. The learned counsel for the petitioner would submit that the petitioner having exhausted alternative remedies, filed this writ petition praying to ( i. ) Remove the unauthorized construction on the Poramboke land in T.S. No. 1357, Ward No. 2, Block No. 21, Kakithakara Street; ( ii.) Act upon petitioner's representations; and ( iii.) to Pass further orders as deemed fit to uphold justice.

6.The petitioner emphasizes that Poramboke lands are reserved for public welfare, and the 4th respondent's illegal construction obstructs public access, causing inconvenience. The construction has been undertaken without approval and it violates statutory provisions and undermines public trust in Government land management.

7. Mr.M.Venkateswaran, learned Special Government Pleader, who takes notice for respondents 1 to 3, would submit that eight weeks time may be granted to the respondents to pass orders on the representation of the petitioner dated 26.08.2024 and 19.02.2025.

8. Taking note of the averments stated by the petitioner and the nature Page 4/6

of order to be passed in this writ petition, notice to 4th respondent is dispensed with. This court, without going into the merits of the case, direct the respondents to consider the representation of the petitioner dated 26.08.2024 and 19.02.2025 and issue notice to the 4th respondent and by giving opportunity of personal hearing to the petitioner as well as the 4th respondent, pass necessary orders and take appropriate action in accordance with law, as expeditiously as possible, preferably, within a period of eight weeks from the date of receipt of a copy of this order.

9. The writ petition is disposed of with the above directions. No costs. (J.NISHA BANU J.) (M.JOTHIRAMAN J.) 09-06-2025 nvsri Page 5/6

J.NISHA BANU, J.

AND M.JOTHIRAMAN, J.

nvsri To

1. The District Collector Ranipet District, Ranipet

2. The Commissioner Walajapet Municipality, Ranipet Dist

3. TAHSILDAR Walaja Taluk, Walajapet, Ranipet District

4. Danalakshmi P W/o. P Tamilkumaran No. 41/1 Kamkithakara Street, Walaja Town, Ranipet. W.P.No.20349 of 2025 09.06.2025 Page 6/6