V.Kolanjiappan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-06-2026

CORAM

THE HON'BLE DR JUSTICE G. JAYACHANDRAN AND THE HON'BLE MRS.JUSTICE N.MALA Writ Petition No. 22934 of 2026 V.Kolanjiappan ..Petitioner Vs

1. The District Collector, Cuddalore District, Cuddalore.

2. The Tahsildar Veppur Taluk Veppur, Cuddalore District.

3. Narayanan

4. Sakthivel ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to remove the encroachments caused by the third and fourth respondents in survey No.123/1 situated at Ko.Kothanur Village, Veppur Taluk, Cuddalore District, in pursuance to the petitioner's representation dated 13.10.2023 and the proceedings of the second respondent dated 22.09.2025 made in Na.Ka. A1/876/2025 within a time frame and pass.

For Petitioner:

Mr.C.Munusamy

For Respondents:

Mr.B.Sivakollapan Government Advocate

ORDER

(Order of the Court was made by Dr.G.Jayachandran J.) The writ petitioner herein, runs a fisheries business in Veppur village, Cuddalore District. Earlier, he had filed a suit in O.S.No.393 of 2011 before the learned Principal District Munsif Court, Virudhachalam, seeking a declaration and permanent injunction in respect of Survey No.123/1. 2.

According to the petitioner, this land is a grazing field for the cattle in his village. In respect of the very same survey number, yet another suit was instituted by Sakthivel, Narayanasamy and Munusamy in O.S.No.181 of 2012, also seeking a declaration and permanent injunction. 3.

The learned Principal District Munsif, after a full trial on examination of witnesses and evidence, partly allowed the suit filed by the petitioner. The Court directed the authorities to cancel the patta issued in favour of the private parties, observing that the subject land is the Government land and must be used for public purposes.

4.

The Government has no right to issue patta to private parties on such lands. While so, after dismissal of the suit on 16.11.2018, the petitioner herein submitted a representation on 13.10.2023 to remove the encroachment in

Survey No.123/1. Pursuant to this representation, the Revenue Tahsildar issued proceedings directing the Village Administrative Officer (VAO) and Revenue Inspector to measure the land, identify the Government property and remove any encroachments.

5.

The present writ petition has been filed seeking a Writ of Mandamus to direct the respondents 1 and 2 to remove the encroachment caused by the respondents 3 and 5 in Survey No.123/1 Ko.Kothanur Village, Veppur Taluk, pursuant to the petitioner's representation dated 13.10.2023 and the subsequent proceedings of the Revenue Tahsildar. 6.

The learned Government Advocate, on instructions, submitted that necessary action has already been taken pursuant to the Civil Court decree and the petitioner's representation. The entire encroached portion has been removed and no encroachment exists as on date. That apart, the Government has taken steps to fence the Government land to prevent any encroachment in future. He further contended that the writ petitioner suppressed material facts and filed this petition as if the encroachment on the land continues to exist. 6.1.

The learned Government Advocate further submitted that this writ petition was filed with an ulterior motive to prevent the Government from fencing the land, as the petitioner wishes to use the open land to access his

fisheries farm. Since the directions to abide by the civil Court decree, cancel the patta and remove the encroachment have already been carried out, the Government's attempt to fence its own land to prevent encroachment in future cannot be interfered.

7.

The contention of the learned counsel for the petitioner that no action was taken on his representation dated 13.10.2023, following the proceedings of the 2nd respondent dated 22.09.2025 appears to be incorrect in light of the status report filed by the Tahsildar, Veppur. 8.

Consequently. this Writ Petition is dismissed as devoid of merits. No costs.

(Dr.G.J.,J.) (N.M.,J.) 18-06-2026 Index: Yes/No Speaking/Non-speaking order rpl To 1.The District Collector, Cuddalore District, Cuddalore.

2.The Tahsildar Veppur Taluk Veppur, Cuddalore District.

DR.G.JAYACHANDRAN J.

and N.MALA J.

rpl Writ Petition No. 22934 of 2026 18-06-2026