Palanivel v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2026
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN W.P(MD)No.22720 of 2024 and W.M.P(MD)No.19235 of 2024 Palanivel ... Petitioner .Vs.
1.The District Collector, Trichy District, Trichy.
2.The Commissioner, Trichy Corporation, Cantonment, Trichy.
3.The Assistant Commissioner, Zone-I, Srirangam, Trichy Corporation, Trichy.
4.The Revenue Divisional Officer, Srirangam Revenue Division, 1/8
Srirangam, Trichy.
5.The Tahsildar, Srirangam Taluk Office, Srirangam,Trichy 6.B.Balakrishnan (R6 impleaded as per order of this Court made in W.M.P(Md)No16846 of 2025 in W.P(MD)No.22720 of 2024, dated 2.1.2025) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the entire records pertaining to the impugned eviction notice issued by the third respondent to the Petitioner in Na.Ka.No.F1/3768/2024, dated 19.8.2024 and to quash the same as illegal and to direct the first respondent to issue free house site patta to the Petitioner, by considering the representation,dated 12.8.2024 within the time frame fixed by this Court.
For Petitioner : Mr.F.X.Eugene for Mr.P.Santhana Krishnan For R1,R4 & R5 : Mr.J.Ashok Addl.Govt. Pleader For Respondents : Mr.J.Sri Prasad 2 and 3 for M/s.R.B.Law Associates 2/8
For Respondent-6 : Mr.R.J.Karthick
O R D E R
(Order of the Court was made by DR.G.JAYACHANDRAN) This Writ Petition has been filed to quash the impugned eviction notice issued by the third respondent to the Petitioner dated 19.08.2024 and to direct the first respondent to issue free house site patta to the Petitioner, by considering the representation, dated 12.8.2024.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The encroachment on the bund of the water body namely, Kollidam River been made by the Petitioner and had put up a concrete structure. An attempt to remove the encroachment has been initiated by the sixth respondent Balakrishnan and pursuant to that, impugned ntoice, dated 19.8.2024 came to be passed .Being aggrieved, the Petitioner is before this Court seeking issuance of a Writ of Certiorarified Mandamus to quash the impugned notice and to consider the representation, dated 12.8.2024 to consider his request for issuance of patta for the land in their occupation.
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4.The learned Additional Government Pleader appearing for the first respondent/The District Collector and the Revenue Divisional Officer/fourth respondent herein submits that G.O(MS)No.172, Revenue(LDI(2)Department, dated 23.5.2012 which enables to issue patta for the occupiers for more than five years is not applicable to the Petitioner herein, since the land in his possession falls on the objectionable area namely, bund of river Kollidam. Notice impugned in this Writ Petition was issued pursuant to the direction of this Court passed in W.P(MD)No. 13330 of 2024.Therefore the said order impugned is legally sustainable.
5.The learned counsel for the Petitioner would submit that the area in occupation of the Petitioner for the past more than 40 years has not caused any hindrance to any public and due to personal animosity, the sixth respondent Balakrishnan initiated Writ Proceedings for removal of encroachment on the Government Poramboke land. The learned counsel will further submit that it is not itself an objectionable area to disentitle the Writ Petitioner seeking patta based on G.O(MS)No.172, Revenue(LDI(2) Department, dated 23.5.2012. He will further submit that subsequent to G.O(MS)No.172, Revenue(LDI(2)Department, dated 4/8
23.5.2012, the Revenue and Disaster Management Department had issued G.O.(Ms)No.465, Revenue LDI(2)Department, dated 27.11.2018, wherein, the residents occupying the objectionable area and Government Poramboke land to be provided with alternate house site, if existing occupation is to be removed. Therefore the learned counsel for the Petitioner would pray that if the structure in his possession is to be removed, the Petitioner must be provided with three cents of land in an alternative place as contemplated under G.O.(Ms)No.465, Revenue LDI(2) Department, dated 27.11.2018.
6.Insofar as the structure upon which the Petitioner claims right is undoubtedly on the bund of river Kollidam, as per the revenue records as well as the sketch furnished by the respondents. Therefore, he has no right to put up any structure in the said place. It has to be remoed and the revenue authorities should ensure that no encroachment in the bund of river Kollidam. Insofar as the plea of extending the benefit of G.O. (Ms)No.465, Revenue LDI(2)Department, dated 27.11.2018, we are not expressing any opinion, but left it open for the Government to consider the request of the Petitioner in accordance with law. 7.With the above observations, the Writ Petition stands 5/8
disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
[G.J.,J.] [K.K.R.K.,J.] 13.02.2026 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The District Collector, Trichy District, Trichy.
2.The Commissioner, Trichy Corporation, Cantonment, Trichy.
3.The Assistant Commissioner, Zone-I, Srirangam, Trichy Corporation, Trichy.
4.The Revenue Divisional Officer, Srirangam Revenue Division, Srirangam, Trichy.
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5.The Tahsildar, Srirangam Taluk Office, Srirangam,Trichy DR.G.JAYACHANDRAN, J.
and K.K.RAMAKRISHNAN,J.
vsn ORDER MADE IN W.P(MD)No.22720 of 2024 and W.M.P(MD)No.19235 of 2024 7/8
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