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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 25.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

W.P.(MD)No.36337 of 2025 Dhanalakshmi ... Petitioner

Vs.

1.The District Collector / Monitoring Committee, Sivagangai District, Sivagangai.

2.The Tahsildar, Ilaiyangudi Taluk,

Ilaiyangudi, Sivagangai District.

3.Rajasekar ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directs the respondents 1 and 2 to take appropriate steps for removal of encroachment made by the third respondent in the land property comprised in Survey No.145/8 situated at Idayavalasai Village, Ilaiyangudi Taluk, Sivagangai District classified as “Government Poramboke Land” based on the petitioner's representation

dated 21.08.2025.

For Petitioner : Mr.B.Prahalad Ravi For Respondents : Mr.S.P.Maharajan (R1 & R2)

Special Government Pleader Mr.Atham Ali (R3)

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ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.)

The petitioner seeks a direction to the respondents 1 and 2 to

take appropriate steps for removal of encroachment made by the third respondent in the subject property classified as Government Poramboke

land, based on the petitioner's representation dated 21.08.2025. 2.The contention of the petitioner is that the subject property is

classified as Government promboke land in the revenue records. However, the third respondent has put up a construction in the said property. The representation submitted by the petitioner in this regard was not considered. Hence, the petitioner has filed the present writ

petition.

3.The learned Special Government Pleader appearing for the

official respondents, on instructions, submitted that that in the revenue records, the land is classified as Natham Property. The third respondent having no permanent house, is in occupation of the said land by putting up a tin shed. Further, on an application made by the third respondent,

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the Tahsildar has recommended Revenue Divisional Officer for issuance

of patta to the third respondent.

4.Heard the learned counsel appearing on either side and

perused the materials placed on record.

5.This Court is of the view that since the subject property does

not fall under the category of Government land, it cannot be dealt with under the Land Encroachment Act or the third respondent cannot be treated as an encroacher. Further, the Tahsildar has made a recommendation before the Revenue Divisional Officer for issuance of

patta to the third respondent.

6.In view of the above, we are not inclined to entertain this writ

petition. Accordingly, this writ petition is dismissed. There shall be no

order as to costs.

[N.S.K., J.] & [M.J.R., J.]

25.03.2026 Index :Yes/No

Internet :Yes ta

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To

1.The District Collector / Monitoring Committee, Sivagangai District, Sivagangai.

2.The Tahsildar, Ilaiyangudi Taluk,

Ilaiyangudi, Sivagangai District

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N.SATHISH KUMAR, J.

AND M.JOTHIRAMAN, J.

ta

W.P.(MD)No.36337 of 2025

25.03.2026

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