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2026 Supreme(Online)(Mad) 29489

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. SUBRAMANIAM, K. SURENDER, JJ
A.Palanisamy – Appellant
Versus
Anitha – Respondent
Contempt Petition No.723 of 2026 | W.P.No.23255 of 2024



Advocates:
For the Appellants/Petitioners: Ms.T.Trishala
For the Respondents: Mr.D.Ravichander

Revenue authorities cannot initiate eviction on patta land as per survey findings; disputes should be resolved in civil courts.

Headnote:(A) Contempt of Courts Act, 1971 - Section 11 - Contempt petition for wilful disobedience of court order regarding land encroachment - Writ petition seeking removal of encroachment on public/ patta land was filed on 27.06.2025 - Authorities clarified that the contested land is patta land; thus, eviction proceedings are unwarranted. (Paras 2-3)

(B) Performance of duties by public officers - Revenue authorities cannot act on surveys conflicting with property rights under civil law; aggrieved parties must resort to civil court. (Para 3)

Facts of the case:
The petitioner sought removal of an encroachment on a pathway land, leading to a writ order for a survey to determine land status.

Findings of Court:
Land in question is determined as patta land.

Issues: Whether the land was public or patta as per the court’s final order.

Ratio Decidendi: The court reinforced that eviction proceedings are not permissible on patta land and that affected individuals may seek redress through civil courts.

Result: Contempt Petition closed.

Table of Content
1. review of contempt petition basis. (Para 1)
2. summary of writ petition claim regarding encroachment. (Para 2)
3. findings on land ownership and eviction authority. (Para 3)
4. closure of contempt petition. (Para 4)

[Made by S. M. SUBRAMANIAM, J.,]

The present contempt petition has been instituted to punish the respondents for their wilful disobedience of the order dated 27.06.2025 passed in W.P.No.23255 of 2024.

2. The above writ petition was filed by the petitioner seeking the removal of encroachment on the pathway land in S.F.No.233/7E, Keelapuliyur Village (South), Kunnam Taluk, Perambalur District. This Court passed a final order on 27.06.2025, directing the authorities to conduct a survey and clarifying that if it is patta land, no action needs to be taken, however, if it is public land, then the encroachment should be removed.

3. With reference to the said order, the learned Special Government Pleader would submit that the Tahsildar, Kunnam Taluk, conducted a survey and found that the land in S.No.233/7E is patta land standing in the name of Selvarasu and others under Patta No.1317. Therefore, the revenue authorities have no authority to initiate eviction proceedings under the Tamil Nadu Land Encroachment Act, 1905. If any civil dispute exists between the parties, the petitioner or any other aggrieved person is at liberty to approach the appropriate Civil Court for the purpose of establishing their rights.

4. With the above observations, the present Contempt Petition stands closed.

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