IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUSHRUT ARVIND DHARMADHIKARI, CJ, G.ARUL MURUGAN, J
P.Jothivel – Appellant
Versus
The District Collector Office of the District collector, Ariyalur – Respondent
WP No.8554 of 2026
| Table of Content |
|---|
| 1. public hindrance from land encroachment. (Para 2 , 3) |
| 2. advocating appeal remedies for encroachment disputes. (Para 4) |
| 3. final decision to dispose of the writ. (Para 6) |
Heard learned counsel for the petitioner on the question of admission.
2. The petitioner has filed the present writ petition under Article
226 of the Constitution of India by way of a public interest litigation on the ground that he is owning agricultural lands in S.Nos.2/2D and 2/3E in Kavanur village, Ariyalur Taluk. According to the petitioner, respondents 5 and 6, have encroached Vaari Poromboke lands i.e.
lands which are used by the villagers for drying their reaped crops. Because of the encroachment, the public at large are prevented from using the Vaari poromboke lands.
3. Learned State Counsel submitted that during survey, six encroachers have been identified and notice for removal of encroachment has been issued on 14.03.2025. Thereafter, four encroachments have been removed. However, two of the persons, arrayed as respondents 5 and 6 herein, have been granted patta. Therefore, the authorities are not in a position to remove them. According to the learned State counsel, unless and until the patta is cancelled, respondents 5 and 6 cannot be removed. Learned State Counsel further pointed out that Section 12 of the Tamil Nadu Patta Passbook Act, 1983, provides for an appeal before the appellate authority.
4. Heard learned counsel on either side and perused the records. 5. We are of the considered opinion that if the petitioner is aggrieved by the encroachments made by respondents 5 and 6, then the petitioner should avail the remedy of filing an appeal under Section
12 of the Act of 1983. Liberty is granted to the petitioner to approach the appellate authority in accordance with law, subject to the law of limitation.
6. Accordingly, with the aforesaid observation and liberty, this writ petition stands disposed of. There will be no order as to costs.
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