Court emphasized lawful processes and protections regarding government land against encroachments, highlighting the necessity of compliance with regulations for land possession.

COMMON ORDER

(Order of the Court was delivered by DR.G.JAYACHANDRAN,J.) S.No.171/1 in Karenthelpatti Village, Thirukalapatti Panchayat, Mathavarayanpatti Group, Thirupathur Taluk, Sivagangai District, is the property under contention, alleging that as per the Revenue records, it is a common pathway being encroached by the private individuals. This writ petition is being filed by one Mahalakshmi before this Court. The said writ petition in W.P(MD)No.23536 of 2025 seeks for mandamus to consider the representation for removal of encroachment within the time specified.

2.One Veeraiya has filed W.P(MD)No.6132 of 2024 challenging the G.O.Ms.No.490 dated 20.09.2023, wherein the Revenue Department had considered the earlier order passed by this Court in W.P(MD)No.2990 and 3223 of 2023 dated 16.02.2023, regarding the removal of encroachment and the revision petition filed by one Vijayan was considered, wherein the Government has taken note of the communication between the Tahsildar and the District Collector for considering the request of the petitioners for grant of patta in respect of their land in occupation in the light of G.O.Ms.No.318, dated 20.08.2019 and rejected the said request. This was subject matter under challenge by one Veeraiya in the above said writ petition in W.P(MD)No.

6132 of 2024. In the meanwhile, the said Veeraiya has also filed W.P(MD)No.12735 of 2024 seeking for mandamus directing the second respondent to remove the encroachment alleged to have been made by the respondents viz., Vijayan, Govind and Meenal in S.No.171/1 Karenthelpatti Village, Thirukalapatti Panchayat, Mathavarayanpatti Group, Thirupathur Taluk, Sivagangai District. All the three writ petitions have been tagged together, since the parties are one and the same.

3.In the first writ petition in W.P(MD)No.6132 of 2024 filed by Veeraiya seeking certiorarified to quash G.O.Ms.No.490 dated 20.09.2024. The writ petitioner is Veeraiya and Vijayan is the fourth respondent. In the second writ petition in W.P(MD)No.12735 of 24, again Veeraiya is the petitioner, Vijayan, Gandhi and Meenal are the respondents 4, 5 and 6 respectively. The prayer in this writ petition is a mandamus to consider the representation dated 21.12.2023 for removal of encroachment by the private respondents in S.No.171/1. Third writ petition is filed by one Mahalakshmi in W.P(MD)No.23536 of 2025 seeking for mandamus to remove the encroachment of common pathway identified as S.No.171/1.

4.The learned Additional Government Pleader would submit that pursuant to the earlier round of writ proceedings, the land in S.No.171/1 which is classified as Government Poramboke and described in the remarks column as quarry found to be encroached by the private respondents and pursuant to the directions issued by the High Court for removal of encroachment, action is being taken and in the course of taking action, a request from Vijayan was received for grant of patta, however, on consideration of the nature of the land, the same was rejected. Therefore, challenge to this G.O., is on the ground that the petitioner has put up a residential building in the said area and hence, he should not be disturbed. However, having found that the encroachment is in the non-permissible area, the Government has decided to reject the revision petition and thereafter to rehear the revision application, was given on 21.12.2023, which according to the Government is not maintainable and therefore, no order has been passed. Meanwhile, the Government, taking note of the encroachment, had already removed all the other encroachment, except the dwelling unit, in which, Vijayan and Senthil, who are the writ petitioners 1 an