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2026 Supreme(Online)(Mad) 41309

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Sathish Kumar, M.Jothiraman, JJ
V.Ragunath – Appellant
Versus
The District Collector – Respondent
W.P(MD)No.13424 of 2026



Advocates:
For the Appellants/Petitioners: Mr.S.Ramsundarvijayraj
For the Respondents: Mr.D.Sasikumar (R1 to R4), Additional Government Pleader :Mr.K.Sanjay Gandhi (R5 & R6), Government Advocate (Criminal Side)

Court directs authorities to act on government land encroachment claims within three months following due procedure.

Headnote:Statute Analysis: The writ petition is filed under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus for removal of encroachment on government poramboke land. Facts of the Case: The petitioner seeks direction to respondents to remove encroachment on government poramboke land in Survey No.431/3 at West Mathinipatti Village, Dindigul District earmarked for afforestation. Allegations include unlawful interference by private individuals on land allotted to an NGO whose permission was suspended.

Findings of Court:
The court holds that petitioner cannot espouse NGO cause after permission suspension, but directs authorities to act against encroachment within three months.

Issues: The court frames the issue as whether a writ petition can be maintained by petitioner on behalf of an NGO whose permission is suspended and whether authorities must act on encroachment claims.

Ratio Decidendi: In matters involving encroachment on government land, competent authorities must take action following due procedure after issuing notice to occupants and within time stipulated by court while petitioner

Table of Content
1. writ petition filed for removal of encroachment on government poramboke land. (Para 1 , 2)
2. private individuals alleged to have encroached on government land after ngo permission suspension. (Para 3 , 4 , 5)
3. authorities directed to take action against encroachment within three months following due procedure. (Para 6 , 7)

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

The petitioner has filed the present writ petition seeking a direction to the respondents 1 to 6 to remove the encroachment in the Government poramboke land in Survey No.431/3, situated at West Mathinipatti Village, Vedasandur Taluk, Dindigul District, and consequently to restore the land for Government use, including afforestation and other public purposes, based on the petitioner’s representation dated 24.04.2026.

2.It is the contention of the petitioner that the subject matter relates to an extent of 2 acres of Government poramboke land in Survey No. 431/3, West Mathinipatti Village, which is vested with the Government and earmarked for public purposes under the afforestation scheme “DINDI-MA- VANAM,” sanctioned by proceedings dated 30.12.2025. Pursuant thereto, preparatory works such as digging of pits, installation of a borewell, submersible pump, and laying of drip irrigation pipelines were undertaken.

3.It is further alleged that certain private individuals, namely Srinivasan, Stalin Raja, and Radhakrishnan, have unlawfully interfered with and obstructed the implementation of the scheme by damaging irrigation pipelines, filling up pits, removing Government signboards, and preventing officials from carrying out afforestation activities, thereby encroaching upon Government land. It is also stated that, despite an earlier undertaking before this Court in W.P.(MD)No.18346 of 2022, the said individuals have continued to occupy the land in violation of the undertaking, resulting in the stalling of the scheme.

4.Despite repeated representations dated 24.04.2026, no effective action has been taken by the authorities to remove the encroachment and restore the land, thereby constraining the petitioner to approach this Court.

5.The main grievance of the petitioner is that the Government land was originally allotted to an NGO for afforestation purposes. However, certain villagers objected to the planting of trees, and based on such objections, the permission granted was temporarily suspended by order dated 05.02.2026 in Na.Ka.No.2389/2025/A3. According to the petitioner, taking advantage of the said suspension, private individuals have encroached upon the property, and hence, he seeks removal of the encroachment and restoration of the land for afforestation purposes.

6.We have heard the learned counsel appearing on either side and perused the materials available on record.

7.On a perusal of the materials placed on record, we are of the view that the petitioner cannot espouse the cause of an NGO, particularly when the permission granted to such NGO has already been suspended by the competent authority. In such circumstances, it is for the aggrieved or affected parties to work out their remedies in the manner known to law.

However, insofar as the allegation of encroachment on the Government land is concerned, it is for the authorities concerned to take appropriate action, in accordance with law, by following due procedure and after issuing notice to the occupants. Such exercise shall be undertaken and completed within a period of three months from the date of receipt of a copy of this order.

8.With the above directions, this Writ Petition is disposed of.

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