Navamani v. The Principal Secretary To Government
2026:MHC:688
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.02.2026 C O R A M THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.P.Nos.18079, 18011, 18086, 18119, 18733, 19273, 20084, 20091, 20353 of 2021 and W.M.P.Nos.19310, 19312, 19313, 19248, 19317, 19318 19319, 19321, 19331, 19347, 19348, 19999, 20580, 20583, 21347, 21348, 21351, 21362, 21364, 21365, 21597, 21607 and 21608 of 2021 W.P.No.18079 of 2021 Navamani ... Petitioner -vs1. The Principal Secretary to Government, Revenue & Disaster Management Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.
2. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.
3. The District Collector, Kancheepuram District.
4. The District Collector, Chengalpattu District.
5. The Tahsildar, Tambaram Taluk, Chengalpattu District.
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6. The Special Officer, Vengaivasal Panchayat, St.Thomas Mount Panchayat Union, Chengalpattu District.
... Respondent (R6 suo motu impleaded vide order dated 16.09.2021) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to call for the records pertaining to the impugned order dated 4.8.2021 in G.O.Ms. 500 issued by the First Respondent and quash the same and consequently direct the fifty Respondent issue Patta to the petitioner with regard to property in Survey No.78/1A, New Survey No.78/19Bvof an extent of 3015 sq.ft situate at 2/66 Vengaivasal Main Road, Vengaivasal Village, Santhoshapuram, Tambaram Taluk Chengalpet District.
For Petitioners : Ms.R.Nandhini (in all) For R1 to R5 : Mr.T.Arun Kumar Addl. Govt. Pleader (in all) For R6 : Mr.M.Elumalai (in W.P.Nos.18079, 18011, 18086 and 18119 of 2021) ***** C O M M O N O R D E R (By S.M.SUBRAMANIAM,J.,) The present writ petitions have been instituted to assail the Government Order issued in G.O.Ms.No.500 Revenue and Disaster Management Land Disposal Department dated 04.08.2021.
2. The Revenue Authorities identified encroachments in respect of Government Meikal promboke lands (grazing land) in S.No.78/1 2/8
Vengaivasal Village, Tambaram, Chenglepet District. Eviction proceedings have been initiated under the Tamil Nadu Encroachments Act, 1905. Section 7 notice came to be issued and after affording opportunity, final notice under section 6 was issued. Aggrieved encroachers preferred an appeal under Section 10 of the Land Encroachment Act before the District Collector, who in turn, rejected the same. Thereafter, the revision came to be filed before the Government and the Government considered the issue elaborately and rejected the claim of the encroachers through the impugned Government order in G.O.Ms.No.500 dated 04.08.2021.
3. Pertinently, in respect of the other encroachers, in the same survey number, the Division Bench of this Court considered and passed an order on 10.10.2017 in W.P.Nos.26364 to 26376 of 2017. The said order has been considered by the Government in the present impugned order issued in G.O.Ms.No.500. Therefore, the petitioners have exhausted all the remedies contemplated under the Statute and the Government repeatedly considered the issue and found that the Government lands are valuable and falling nearby Chennai City and cannot be parted with. Thus, the claim of the encroachers for grant of patta was rejected. 3/8
4. Learned counsel for the petitioners would mainly contend that the Government discriminated the petitioners in the matter of grant of free house site pattas. Certain adjacent encroachers could able to secure patta. However, the petitioners were unable to succeed before the Government and therefore, they have filed the present writ petitions.
5. Learned Additional Government Pleader would oppose by stating that the grant of free house site pattas under the Scheme in favour of other persons would not constitute a ground to claim free pattas by these petitioners. The Government found that the valuable lands are utilised for commercial purpose by these petitioners and most of the encroachments are on the road and those encroachments would cause obstructions for free usage of road in that area. The encroachments are made by these encroachers for personal use. Buildings are constructed for commercial purposes, since it is a main road. Therefore, the Government has not shown any leniency and rejected the revision filed by the encroachers/writ petitioners.
6. This Court is of the considered view that if at all free house site patta has been granted to landless poor people by the Government under any welfare scheme and if the petitioners are eligible landless poor 4/8
people, they are at liberty to submit an application before the competent authority for grant of free house site patta under any one of the welfare scheme, which is in force. However, the encroachments in prime locality and main roads causing obstructions to free flow of traffic at no circumstance, be encouraged by this Court. The writ petitioners have exhausted all the remedies available under law and the Government considered the issues elaborately and rejected their request. That being so, this Court does not find any infirmity or reason to interfere with the findings made by the Government, which is in consonance with the provisions of Land Encroachments Act and the established principles of law.
7. In the present case, petitioners have not disputed the fact that they are encroachers. Encroachments are causing obstructions for free flow of traffic in the main road and may result in frequent accidents. In view of the above position, there is no impediment for the respondents to proceed with the enforcement actions for removal of encroachments as expeditiously as possible.
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8. With the above observations, these Writ Petitions are dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
(S.M.S,J.,) (C.K,J.,) 16.02.2026 Index: Yes / No Internet: Yes / No vsi/ar Note: Registry to type all cause titles 6/8
To:
1. The Principal Secretary to Government, Revenue & Disaster Management Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.
2. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.
3. The District Collector, Kancheepuram District.
4. The District Collector, Chengalpattu District.
5. The Tahsildar, Tambaram Taluk, Chengalpattu District.
6. The Special Officer, Vengaivasal Panchayat, St.Thomas Mount Panchayat Union, Chengalpattu District.
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S.M.SUBRAMANIAM, J.
AND C.KUMARAPPAN, J.
vsi/ar W.P.Nos.18079, 18011, 18086, 18119, 18733, 19273, 20084, 20091 and 20353 of 2021 1/2 16.02.2026 8/8