SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Mad) 25161

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
V.Ravi – Appellant
Versus
Loganathan – Respondent
WP No. 44466 of 2025



Advocates:
For the Appellants/Petitioners: Mr.A.Rajeshkanna
For the Respondents: MR. T. Arun Kumar, Mr.P.Srinivas, Mr.M.Ganesan

Revenue authorities must follow statutory procedures to remove encroachments on Sarkar Poramboke Land as demonstrated in a writ of mandamus under Article 226 of the Constitution.

Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus - Petitioner sought removal of encroachment on Sarkar Poramboke Land by the sixth respondent - Petitioner argued that eviction proceedings had been initiated - Court directed the Tahsildar to conduct inspections and enforce removal of encroachment within 12 weeks. (Paras 1-3)

(B) Enforcement Action - Revenue authorities must act in accordance with relevant statutes and rules for the removal of encroachments identified by survey. (Paras 2-3)

Facts of the case:
The petitioner filed a writ petition seeking direction to remove encroachments by the sixth respondent on government land classified as Sarkar Poramboke, following earlier eviction proceedings.

Findings of Court:
The court ordered a survey report to be submitted to the jurisdictional Tahsildar, who was to initiate enforcement action for removal of the encroachment.

Issues: The main issue involved determining the responsibility of revenue authorities to remove encroachments on government land.

Ratio Decidendi: The court emphasized the need for adherence to lawful procedures by revenue authorities in enforcing eviction from encroached lands.

Result: Writ petition disposed of.

Table of Content
1. petition for removal of encroachment (Para 1)
2. survey conducted; encroachments identified (Para 2)
3. directive for enforcement action on encroachment (Para 3)

Writ Petition filed under Article 226 of the Constitution of India issuing writ of mandamus directing the respondents 1 to 5 herein to remove the encroachment, superstructure putup by the 6th respondent herein property situated in Old S.No.146/7(part), T.S.No.16, Block 2, Selaiyur village, Tambaram Taluk, Chengalpattu District which is absolutely classified as “Sarkar Poramboke Land” in revenue records to an extent of 6 cents out of total extent of 28 cents by considering the petitioner representation dated 24.07.2025, on the light of the eviction proceedings ordered in Na.Ka.No.511/2025/F1 dated 25.02.2025 passed by the 2nd respondent within a stipulated period of time.

For Petitioner(s): Mr.A.Rajeshkanna For Respondent(s): MR. T. Arun Kumar Additional Government Pleader for RR1, 3 to 5 Mr.P.Srinivas for R2 Mr.M.Ganesan for R6

ORDER

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

Writ on hand has been instituted directing the respondents 1 to 5 herein to remove the encroachment, superstructure putup by the 6th respondent herein property situated in Old S.No.146/7(part), T.S.No.16, Block 2, Selaiyur village, Tambaram Taluk, Chengalpattu District, which is absolutely classified as “Sarkar Poramboke Land” in revenue records to an extent of 6 cents out of total extent of 28 cents by considering the petitioner representation dated 24.07.2025, on the light of the eviction proceedings ordered in Na.Ka.No.511/2025/F1 dated 25.02.2025 passed by the 2nd respondent. 2. Learned Standing Counsel appearing on behalf of the Tambaram Corporation would submit that survey has been conducted and encroachments are identified. However, in the present case, revenue authority has to initiate enforcement action for removal of encroachment.

3. Thus, 2nd respondent is directed to submit the survey report to the jurisdictional Tahsildar, who in-turn, if necessary, may conduct an inspection, and thereafter, identify encroachments if any, and proceed with the enforcement action for removal of encroachment by following the procedures as contemplated under relevant Statues and Rules within a period of 12 weeks from the date of receipt of a copy of this order.

4. Accordingly, the present writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top