2026:MHC:279 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-01-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE S. SOUNTHAR WP No. 50457 of 2025

1. V.A.Balu

2. Deivasigamani

3. B. Chandran

4. D. Gobi

5. R. Balakrishnan

6. R. Mittalal

7. G. Ahemed

8. S. Madhiyazhagan 9. A. Siddique Basha

10.Richard ..Petitioner(s)

Vs

1. The Secretary Revenue And Disaster Management Department, Government Of Tamilnadu, Secretariat, Chennai-600 004

2. The District Collector Kancheepuram District, Kancheepuram -605 103

3. The Tashildhar Kunrathur Taluk, Kundrathur, Chennai-600 069 ..Respondent(s)

Writ Petition filed under Article 226 of Constitution of India for issuing certiorari, calling for the records relating to the order of the 1st Respondent dated 01.12.2025 vide Government order standing No.916 and to quash the same, and grant relief or relief which the Court.

For Petitioner(s): M/S. D.VIJAYAN For Respondent(s): MR. T. ARUN KUMAR Additional Government Pleader

ORDER

(Order of the Court was made by S.M.Subramaniam J.)

Revision order passed by the Government in G.O.Ms.No.916, Revenue and Disaster Management Department, dated 1.12.2025 is under challenge in the present writ proceeding.

2. Revenue Authority, during inspection, identified encroachments in respect of Government land classified as Government Poramboke, kuttai (water body), Well (water body), Salai (Road) Government Poramboke Tharisu property, Highways Property etc. Actions are initiated to remove the encroachments to decongest traffic in that locality. Accordingly, show cause notice was issued to the encroachers and by affording opportunity, final notice was issued by the original authority. Encroachers preferred an appeal before the District Collector, who in-turn conducted an enquiry and rejected the appeal. Thereafter, a revision came to be filed before the Government. Government independently considered the claim of the encroachers with reference to the revenue documents and issued impugned order holding that the encroachers are not entitled to possess the property, since the said portion of the property was classified as Government poromboke kuttai, Tharisu, Well etc. Government order would show that an elaborate enquiry was conducted by affording opportunity to all the encroachers, and final order was passed. Final order would show that the encroachers were in occupation of the Government land classified as Government Poramboke, kuttai (water body), Well (water body), Salai (Road) Government Poramboke Tharisu property, Highways Property etc. Further, in pursuance to the Government order issued in G.O.Ms.No.916, encroachments have already been removed.

3. Learned Additional Government Pleader submitted the photographs, which would show that encroachments were already removed and the revenue authorities have taken possession of the land for road expansion project. Under these circumstances, petitioner has no right to claim the said Government land, which was already under the possession of the Government.

4. Learned counsel for the petitioner, however, would submit that based on erroneous facts, enquiry was conducted by all the authorities. Any person claiming title has to approach the competent Civil Court for establishing the same through documents and evidences available on record. Therefore, the submission made in this regard in the present writ petition deserves no merit consideration.

5. Accordingly, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed.

(S.M.S.,J.) (S.S.,J.)

12-01-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD To

1. The Secretary Revenue And Disaster Management Department, Government Of Tamilnadu, Secretariat, Chennai-600 004

2. The District Collector Kancheepuram District, Kancheepuram -605 103

3. The Tashildhar Kunrathur Taluk, Kundrathur, Chennai-600 069 S.M.SUBRAMANIAM, J.

AND S.SOUNTHAR, J.

GD

12-01-2026