L.Balaji v. The State Of Tamilnadu

2025:MHC:2957

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-12-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

1. L.Balaji 2.S.Jayakumar 3.R.Karthikeyan Petitioner(s) Vs

1. The State Of Tamilnadu Rep. By Its Secretary To The Government, Revenue Department Secretariat, Fort St. George, Chennai 2.The Additional Chief Secretary / Commissioner, Land Administration, Ezhilagam Chepauk Chennai 05 3.The District Collector Annamalai Nagar Vengikkal Thiruvannamalai District 4.The District Revenue Officer 5.The Revenue Divisional Officer 1 / 5

Arani Thiruvannamalai District 6.The Tahsildar 7.S.Saravanan Respondent(s) PRAYER Calling for the records relevant to the order in Na.Ka.No. Aa6/ 295/ 2024 dated 27.05.2025 passed by the 5th respondent and quash the same as illegal improper, unreasonable arbitrary and against the rule of law and natural justice and consequently direct the 1st to 6th respondents to remove the encroachment in Government Depressed land situated in Survey No. 294 classified as Kallakuttu parai at Thindivanam Village, Polur Taluk, Thiruvannamalai district and restore the pathway used by the petitioners for ingress and egress to reach the Athimanur road. For Petitioner(s):

Mr.M.Vijayamehanath For Mr.S.Manjula For Respondent(s): MR.T.Arun Kumar, Additional Government Pleader For RR1 to 6.

ORDER

(Order of the Court was made by S.M.Subramaniam J.) After arguing the matter for a considerable time, learned counsel for the petitioners made a submission that it would be suffice, if enforcement actions are initiated for evicting the encroachers, pursuant to the notice issued under Section 7 of Tamil Nadu Land Encroachment Act by the Tahsildar in the year 2022 to the encroachers, including 7th respondent and few other persons. Since learned counsel for the petitioners restricted the relief, adjudication of 2 / 5

issues in the impugned order became unnecessary.

2. However, it is made clear that, if the petitioner has encroached upon the public land, he is also liable to be evicted along with all other encroachers, against whom enforcement actions have already been initiated by issuing Section 7 notice in the year 2022. It is brought to the notice of this Court that enforcement action initiated is kept in cold storage. Therefore, petitioners are constrained to move present petition without approaching appellate authority namely District Revenue Officer. However, official respondents are directed to evict the encroachers from the public road and Government lands, pursuant to the action already commenced. All further enforcement actions are directed to be concluded within a period of 12 weeks from the date of receipt of a copy of this order, including encroachments, if any, made by the petitioner.

3. Accordingly, the present writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.SUBRAMANIAM J.)(C.KUMARAPPAN J.) 15-12-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes 3 / 5

4 / 5

To 1.The State Of Tamilnadu Rep. By Its Secretary To The Government, Revenue Department Secretariat, Fort St. George, Chennai 2.The Additional Chief Secretary / Commissioner, Land Administration, Ezhilagam Chepauk Chennai 05 3.The District Collector Annamalai Nagar Vengikkal Thiruvannamalai District 4.The District Revenue Officer 5.The Revenue Divisional Officer Arani Thiruvannamalai District 6.The Tahsildar 7.S.Saravanan S/o. Sampanthan, Mariyamman Kovil Street, Alli Nagar, Polur, Thiruvannamalai District 606 803 5 / 5

S.M.SUBRAMANIAM J.

AND C.KUMARAPPAN J.

gd 15-12-2025 2/2 6 / 5