R.Pushpa v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.04.2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER and W.M.P.No.54815 of 2025
1. R.Pushpa
2. V.K.Ramamoorthy ... Petitioners vs.
1.
The District Collector Office of the District Collector Tiruvallur District 2.
The Thasildar Pallipet Taluk Thiruvallur District - 631 207 3.
Block Development Officer Pallipet Taluk Thiruvallur District - 631 207 4.
The Village Administrative Officer Thriumalrajupet Village Pallipet Taluk Thiruvallur District - 631 207 Page Nos.1/8
5. S.Gowtham
6. S.Kishore Kumar
7. N.Sudharshan ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the 1st and 2nd respondents herein to remove the encroachments made by the private respondents 5 to 7 herein in public lands and waterbodies in S.Nos. 52 measuring HC 0.47.5 , S.No. 53 measuring HC 0.24.5 , S.No. 54/6 measuring HC 0.15.0, S.No. 56/8 measuring HC 0.04.5 , S.No. 56/17 measuring HC 0.02.0, S.No. 56/20 measuring HC 0.15.5, S.No. 57 measuring HC 0.20.0 , S.No. 109 measuring HC 0.30.5 and S.No. 108 measuring HC 0.29.5 , and S.No.176 measuring an extent of Hc. 5.21.0 in Thirumalrajpet Village and panchayat falling within Perumanallur Hamlet, Pallipet Taluk, Thiruvallur District and following such removal of the encroachment to restore the water bodies and water channel and to restore access to the public temple in S No. 56/20. (Prayer amended vide order dated 06.04.2026 made in W.M.P.No.7268 of 2026 in the above writ petition) For Petitioner :
Mr.P.Dinesh Kumar For Respondents :
Mr.T.Arunkumar Additional Government Pleader for R1, 2 and 4 Dr.S.Suriya Additional Govt. Pleader for R3 Page Nos.2/8
R5 and R7- No Appearance R6 - Not ready in notice *****
O R D E R
[Made by S.M.SUBRAMANIAM, J.,] The writ of mandamus has been instituted seeking a direction against Respondents 1 and 2 to remove the encroachment made by Respondents 5 to 7 in public lands and water bodies and to restore access to the public temple in S No. 56/20.
2. The Tahsildar, Pallipet Taluk conducted inspection and survey and identified encroachments in the subject properties. The counter filed by the Tahsildar would show the extent of encroachments made by the private persons.
Paragraphs 2 and 3 of the counter read as follows: "2. It is submitted that the petitioners have filed this writ petition before this Hon'ble Court with a prayer to direct the respondents 1 and 2 to remove the encroachments made by the private respondents 5 to 7 herein in public lands and waterbodies in S.No.52, 53, 54/6, 56/8, 56/17, 56/20, 57, 109 and 108 in Tirumalrajpet Village H/o Perumanallur Village, Pallipattu Taluk, Tiruvallur District and following such removal of encroachments, to Page Nos.3/8
restore the water bodies and water channel and to restore to the public temple in S.No.56/20.
3. It is submitted that the details of classification, extent, encroachments and action taken by the 2nd respondent in respect of the poramboke survey numbers covered in the writ petition are furnished below:
Name of the Patadar Remarks Action taken by the 2nd respondent Government Poramboke 0.47.50 0.19.78 Sudhakar S/ o.Narasimmalu Naidu S.No.
Survey No.
Classification Extent (in Hects) Encroachm ent Extent (in Hects.) Odai No.7 Notice under Act, 1905 was issued on 08.09.2025 and No.6 Notice was issued on 11.02.2026 Government Poramboke 0.24.50 0.24.50 Paapi Naidu S/o. Gurreppa Naidu Odai No.7 Notice issued on 07.01.2026 and No.6 Notice was issued on 06.03.2026 54/6 Government Poramboke 0.15.00 0.15.00 Sudhakar S/ o.Narasimmalu Naidu and Gowtham S/o.Sudhakar Naidu Kuttai Encroachment was evicted 56/8 Government Poramboke 0.04.5 No Encroachment Parai 56/17 Government Poramboke 0.02.00 0.02.00 Babu S/o.Sriramalu Well No.6 Notice was issued on 11.02.2026 56/20 Government Poramboke 0.17.50 0.17.50 Sudhakar S/o.
Narasimmalu Naidu and Gowtham S/o.Sudhakar Naidu Village site Encroachment was evicted Government Poramboke 0.20.0 0.12.00 Sudhakar S/ o.Narasimmalu Chennai No.7 notices were issued on 08.09.2025 and Page Nos.4/8
Naidu and Gowtham S/o.Sudhakar Naidu and Kothandam S/ o.Venkatarama Naidu No.6 Notices was issued on 29.09.2025 Government Poramboke 0.29.50 0.07.50 Sudhakar S/o.
Narasimmalu Naidu Channel Part Encroachment was removed Government Poramboke 0.30.50 0.00.80 Sudhakar S/o.
Narasimmalu Naidu Channel No.7 Notice was issued on 06.01.2025 and No.6 Notices was issued on 29.09.2025
3. The learned counsel for the writ petitioner would submit that the encroachments stated as removed is also incorrect. It is needless to state that on identification of the encroachments, the authorities are bound to follow the procedure and remove the same, if it is in Government Poramboke land or in water body.
4. In view of the above factum, the official respondents are directed to continue the enforcement action already initiated and remove the encroachment by following the procedures as contemplated under the relevant Statute and Rules. The above exercise to be completed within a period of 12 weeks from the date of receipt of a copy of this order. Page Nos.5/8
With the above direction, this writ petition stands disposed of. Consequently, the connected miscellaneous petition is closed. There shall be no order as to costs.
(S.M.S.,J.) (K.S.,J.) 06.04.2026 (3/3) Index : Yes Speaking / Non-speaking gpa Page Nos.6/8
To 1.
The District Collector Office of the District Collector Tiruvallur District 2.
The Thasildar Pallipet Taluk Thiruvallur District - 631 207 3.
Block Development Officer Pallipet Taluk Thiruvallur District - 631 207 4.
The Village Administrative Officer Thriumalrajupet Village Pallipet Taluk Thiruvallur District - 631 207 Page Nos.7/8
S. M. SUBRAMANIAM, J., and K. SURENDER, J., gpa 06.04.2026 (3/3) Page Nos.8/8