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Madras High CourtWP/35863/2025dismissed

Thirupathi S/O.Arumugam v. State Rep By Its

2025-10-24Honourable Mr Justice R. Suresh Kumar,Honourable Mr.Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.10.2025 CORAM :

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE S. SOUNTHAR Thirupathi ..

Petitioner Vs.

1. The State, Rep. by the District Collector Office of Collectorate Thiruvallur - 602 001.

2. The District Revenue Officer Office of the District Revenue Officer Ponneri Division, Ponneri - 601 204.

3. The Tahsildar The Taluk Office, Ponneri - 601 204.

4. The Revenue Inspector Kollur Firka, Revenue Inspector Office Kollur, Ponneri Taluk, Tiruvallur District - 601 205.

5. Village Administrative Officer Village Administration Office Illupakkam Village, Ponneri Taluk Tiruvallur District - 601 204.

6. Durai Alias Murugesan ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India, seeking a writ of mandamus, to direct the respondents 1 to 5 to take appropriate action to remove the encroachment made by sixth

respondent in the Government land situated at Tiruvallur District, Ponneri Taluk, Illupakkam Village, comprised in Grama Natham Survey No.152/28, measuring with an extent of acer 0.05.00 cent by considering the petitioner representation dated 14.07.2025. For the Petitioner :

Mr.T.Dilli Babu For the Respondents :

Mr.S.Arumugam Government Advocate for R1 to R5

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) The prayer sought herein is for a writ of mandamus, to direct the respondents 1 to 5 to take appropriate action to remove the encroachment made by respondent 6 in the Government land situated at Tiruvallur District, Ponneri Taluk, Illupakkam Village, comprised in Grama Natham at Survey No.152/28, measuring to an extent of 0.05.00 ares by considering the petitioner's representation dated 14.07.2025.

2. In respect of the land at S.No.152/28, measuring to an extent of 0.05.00 ares at Illupakkam Village, Ponneri Taluk, Tiruvallur District, it is the contention of the petitioner that the said land, being a Government land or poromboke land, where, the respondent 6 since have made an encroachment, such

encroachment has to be removed, for which, he has given a representation to the Revenue Tahsildar on 14.07.2025 and in order to take action on that representation, he has approached this Court by filing the present writ petition.

3. We have heard Mr.T.Dilli Babu, learned counsel for the petitioner and Mr.S.Arumugam, learned Government Advocate for the respondents 1 to 5.

4. The learned Government Advocate would point out that, the land in question is classified as Grama Natham, where, if at all respondent 6 or any other person have been in physical possession, whether they are entitled to get patta or not would be examined by the Revenue Authorities and accordingly, suitable decision would be taken. Unless such a decision is taken, it cannot be treated as an encroachment and based on which, the representation given by the petitioner dated 14.07.2025 cannot be acted upon for the purpose of removal of such alleged encroachment on the part of respondent 6 or any other third party.

5. In that view of the matter, the plea raised by the present writ petitioner cannot be entertained. As a result of which, this writ

petition fails and is liable to be dismissed, hence, it is dismissed. However, there shall be no order as to costs. (R.S.K., J.) (S.S., J.) 24.10.2025 Speaking Order/Non-Speaking Order Internet: Yes/No Index: Yes/No (drm)

To:

1. The District Collector Office of Collectorate Thiruvallur - 602 001.

2. The District Revenue Officer Office of the District Revenue Officer Ponneri Division, Ponneri - 601 204.

3. The Tahsildar The Taluk Office, Ponneri - 601 204.

4. The Revenue Inspector Kollur Firka, Revenue Inspector Office Kollur, Ponneri Taluk, Tiruvallur District - 601 205.

5. Village Administrative Officer Village Administration Office Illupakkam Village, Ponneri Taluk Tiruvallur District - 601 204.

R. SURESH KUMAR, J.

AND S. SOUNTHAR , J.

(drm) 24.10.2025