Ramachandrappa vs The District Collector, Krishnagiri District, Krishnagiri

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

2026 Supreme(Online)(Mad) 29608

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Kumaresh Babu, JJ
Ramachandrappa – Appellant
Versus
The District Collector, Krishnagiri District, Krishnagiri – Respondent
WP No. 25600 of 2024 | WMP.Nos.27952 & 27953 of 2024

Important Points

Authorities must enforce removal of identified encroachments on government poramboke land under Tamil Nadu Land Encroachment Act, 1905.

Subject

Civil - Writ Petition - Land Encroachment

Act Referred

Tamil Nadu Land Encroachment Act, 1905: S.6, S.10

Headnote

The petitioner challenged a notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, seeking quashing and direction for patta assignment over 180 sq.ft. of land in Survey No.45/29. The court found encroachment on government poramboke land alongside patta land, empowering authorities to remove encroachments. Even for government natham land without assignment under Revenue Standing Orders, enforcement actions are permissible under the Act. The issue framed was validity of the Section 6 notice and petitioner's claim for patta. The ratio decidendi holds that identified encroachments on government land must be removed per Act procedures, with appeal remedy under Section 10 available against Section 6 notices. Writ petition dismissed; respondents directed to conclude enforcement within 12 weeks.

Advocates:
For the Appellants/Petitioners: Mr.Adarsh Subramanian
For the Respondents: Mr.T.Arunkumar, Addl. Govt. Pleader

Table of Content
1. challenges notice under encroachment act section 6. (Para 1)
2. petitioner encroached government poramboke land. (Para 2)
3. enforcement authorized for poramboke and natham encroachments. (Para 3 , 4)

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

The Writ Petition has been instituted challenging the final notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 [hereinafter referred to as “the Act, 1905”].

2. The learned Additional Government Pleader relying on the written instructions given by the Tahsildar, Shoolagiri would submit that the petitioner along with his patta land had encroached upon the Government Poramboke land to an extent of 180 sq.ft., therefore the encroachments are identified and the Tahsildar has to initiate enforcement actions to remove the encroachments.

3. Even in respect of Government Natham land, in the absence of any assignment under the Revenue Standing Orders, the Authorities are empowered to regulate and initiate appropriate enforcement actions under the Act, 1905.

4. In the present case, the encroachments are identified. Thus, the respondents shall proceed with the enforcement action, continue and conclude the same by following the procedures as contemplated under the Act and Rules within a period of twelve (12) weeks from the date of receipt of a copy of this order. Against the notice under Section 6 of the Act, 1905, appeal is provided under Section 10 of the Act, 1905.

5. With the above observations, this Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.