T.Nagaraj vs The Secretary to Government Land Administration

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2026 Supreme(Online)(Mad) 30029

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sushrut Arvind Dharmadhikari, CJ, G.Arul Murugan, J
T.Nagaraj – Appellant
Versus
The Secretary to Government Land Administration – Respondent
W.P.No.12769 of 2026

Important Points

Writ petition not entertained due to existing committees under G.O. for government land protection; liberty granted to approach authorities.

Subject

Civil Law - Writ Petition - Land Encroachment

Act Referred

Constitution of India: Article 226

Headnote

First Paragraph: Article 226 of the Constitution of India invoked for writ of mandamus directing consideration of representations dated 17.10.2022, 09.07.2024, and 22.05.2025 to remove encroachments from government lands in specified survey numbers. Petitioner claims encroachment by private parties on government poromboke land. Court notes G.O. No.64 dated 08.02.2022 issued per prior court order in W.P.No.26722 of 2013 for protecting government lands, especially waterbodies, via constituted committees. Second Paragraph: Issue framed as whether to direct authorities to act on representations amid existing G.O. mechanism. Ratio: New committees under G.O. No.64 dated 08.02.2022 provide competent forum for addressing encroachments, superseding direct court intervention. Last Paragraph: Petition disposed of with liberty to approach competent authority under G.O. No.64 dated 08.02.2022.

Advocates:
For Petitioner(s): Mr. S.Natarajan
For Respondent(s):Mr. M.Habeeb Rahman Government Advocate for R1 to R6.

Table of Content
1. petition seeks mandamus for encroachment removal. (Para 1)
2. g.o. no.64 constitutes committees for land protection. (Para 2)
3. petition dismissed; liberty to approach committees. (Para 3 , 4)

Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 2 to 6 to consider the petitioner’s representations dated 17.10.2022, 09.07.2024 and 22.05.2025 and consequently direct the respondents 2 to 6 to remove the encroachment made by the respondents 7 to 9 from the government lands in S.No.479/1, 480 and 481, situated at Jonabanda Village, Onnalavadi Panchayat, Hosur Taluk, Krishnagiri District.

For Petitioner(s): Mr. S.Natarajan For Respondent(s): Mr. M.Habeeb Rahman Government Advocate for R1 to R6.

ORDER (Order of the Court was made by the Hon'ble Chief Justice)

This petition under Article 226 of the Constitution of India has been filed seeking direction to respondents 2 to 6 to consider petitioner’s representations dated 17.10.2022, 09.07.2024 and 22.05.2025 and consequently direct the respondents 2 to 6 to remove the encroachment made by the respondents 7 to 9 from the government lands in S.No.479/1, 480 and 481, situated at Jonabanda Village, Onnalavadi Panchayat, Hosur Taluk, Krishnagiri District.

2. Learned State counsel has brought to our notice G.O.No.64 dated 08.02.2022 stating that the said G.O. has been issued in compliance of the order of this Court dated 08.10.2014 passed in W.P.No.26722 of 2013. The said G.O. has been issued for the purpose of protecting government lands from encroachment and in compliance with the order of this Court for monitoring action taken in protecting the government lands with priority given to waterbodies. Accordingly, different Committees have been constituted.

3. In view of the aforesaid constitution of new Committees vide G.O.No.64 dated 08.02.2022, we are not inclined to entertain this petition. However, petitioner would be at liberty to approach the competent authority in accordance with G.O.No.64 dated

08.02.2022, if so advised.

4. With the aforesaid liberty, this petition is disposed of. There shall be no order as to costs.