M.Boopalan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-04-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER and WMP N o . 28074 of M.Boopalan ..Petitioner Vs

1. The District Collector, Thiruvallur District.

2. The Revenue Divisional Officer Tirutani Division.

3. The Tahsildar, Tirutani Taluk, Tiruavallur Distirct.

4. The Block Development Officer, Thiruvalangadu Panchayat Union, Thiruvalangadu.

..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 4 herein to take action against illegal and unlawful encroachments in S.No.183/5, Palanyanur Village, Tirutani Taluk, Tiruvallur District classified as "Kuttai Purambokku" by considering the representation dated 27.01.2025 and the remainder dated 22.02.2025 of the petitioner herein, within a time limit to be stipulated by this Court.

For Petitioner :

Mr. W.M.Abdul Majeed For Respondents:

Mr.T.Arunkumar, Additional Government Pleader for R1 to R3 R4- No appearance ******* Order (Order of the Court was made by S.M.Subramaniam J.) The present Writ Petition has been instituted seeking a direction to the respondents 1 to 4 to take action against the illegal and unlawful encroachments in S.No.183/5, Palanyanur Village, Tirutani Taluk, Tiruvallur District classified as "Kuttai Purambokku", by considering the representation dated 27.01.2025 and the remainder dated 22.02.2025 of the petitioner herein, within a time limit to be stipulated by this Court.

2. The learned counsel for the petitioner would mainly contend that the subject land has been classified as "Kuttai Poramboke". Therefore, it is a water body and thus the encroachments are to be removed. He would further submit that the subject land remains as a vacant land and the patta issued in favour of few persons are cancelled.

3. Rebutting the said contention, the learned Additional Government Pleader based on instructions by the Tahsildar, Tiruttan would submit that S.No.183/5 was initially classified as "Ellakuttai grama natham" i.e., water body. However, in the year 2000, the Authorities found that the said lands are

to be assigned in favour of Irular - Scheduled Tribes and accordingly granted free patta in terms of the Revenue Standing Orders.

4. The said factum was admitted by the petitioner in his affidavit in paragraph No.6 that the 1st respondent has issued orders for grant of house site patta to Irular - Scheduled Tribe people in S.No.183/5. However, the petitioner has not produced any document to establish that the patta granted in the year 2000 was cancelled by the competent Authority.

5. The learned counsel for the petitioner would rely on the judgment of the Full Bench of this Court rendered in T.K.Shanmugam Vs. State of Tamil Nadu reported in 2015 (5) LW 397.

6. However, the said judgment was delivered in the year 2015 and in the present case, free house site patta to the Irular - Scheduled Tribes were granted in the year 2000 and the patta stand in their names for the past 25 years.

7. In view of the fact that the subject land has already been assigned in favour of the Scheduled Tribe people and patta was granted in the year 2000 by re-classifying the land in terms of RSO 21, this Court is not inclined to consider the present Writ Petition.

8. Consequently the Writ Petition stands dismissed. No costs. Consequently, the connected miscellaneous petitions stands closed. (S.M.S.,J.) (K.S.,J.) 27-04-2026 Index: Yes/No Speaking/Non-speaking order DSA

To

1. The District Collector, Thiruvallur District.

2. The Revenue Divisional Officer, Tirutani Division.

3. The Tahsildar, Tirutani Taluk, Tiruavallur Distirct.

4. The Block Development Officer, Thiruvalangadu Panchayat Union, Thiruvalangadu.

S.M.SUBRAMANIAM J.

AND K.SURENDER J.

DSA 27-04-2026