Case Note & Summary
The petitioner, A.S. Paramaraju, filed a writ petition under Article 226 of the Constitution of India seeking directions to respondents 1 to 5 (forest and revenue authorities) to remove encroachments from forest lands in Survey Nos. 25/1 to 25/10, 26/4 to 26/8, and 27/1 and 27/3 of Venugopalapuram Village, Thiruttani Taluk, Thiruvallur District, and to direct the 6th respondent (Tamil Nadu Electricity Board) to disconnect illegally obtained electricity connections to unauthorized structures, pursuant to a representation dated 02.05.2025. The Forest Range Officer, Tiruttani Range, submitted written instructions dated 18.03.2026 stating that the subject land is forest land declared under Section 26 of the Tamil Nadu Forest Act, 1882, notified in the Madras Chengalpattu District Gazette dated 01.05.1969. A survey was conducted with the Revenue Tahsildar, and encroachments were found. The encroachers were evicted, and the entire forest area was taken into possession by forest authorities. The court, noting that the relief sought had been substantially achieved, disposed of the writ petition with directions to the respondents to protect the notified forest area from further encroachments and maintain it in accordance with the Forest Act and Rules. No order as to costs.
Headnote
A) Forest Law - Encroachment on Notified Forest Land - Section 26 of Tamil Nadu Forest Act, 1882 - The petitioner sought removal of encroachments from forest land in Venugopalapuram Village. The Forest Range Officer reported that after survey, encroachers were evicted and possession taken by forest authorities. The court disposed the petition directing respondents to protect the forest area from future encroachments and maintain it under the Act and Rules. (Paras 1-3)
Issue of Consideration
Whether the respondents have removed encroachments from notified forest land and what further directions are necessary to protect the forest area.
Final Decision
The writ petition was disposed of with directions to the respondents to protect the notified forest area from further encroachments and maintain it in accordance with the Tamil Nadu Forest Act, 1882 and Rules. No order as to costs.
Law Points
- Forest land declared under Section 26 of Tamil Nadu Forest Act
- 1882 must be protected from encroachments
- once eviction is carried out
- authorities must maintain the area in accordance with the Act and Rules.
Case Details
2026 LawText (MAD) (03) 33
S. M. Subramaniam, K. Surender
Mr. G. Ponnumani for M/s. Sunil Kumar R (for petitioner), Dr. T. Seenivasan, Special Government Pleader (for respondents 1 to 5)
The Principal Secretary, Government of Tamil Nadu, Department of Environment and Forest; The Principal Chief Conservator of Forests; The District Collector, Thiruvallur District; The Tahsildar, Thiruttani Taluk; The Range Forest Office, Thiruttani Taluk; The Executive Engineer, Tamil Nadu Electricity Board, Thiruttani Division; Kamal
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Nature of Litigation
Writ petition under Article 226 seeking removal of encroachments from notified forest land and disconnection of illegal electricity connections.
Remedy Sought
Petitioner sought directions to respondents 1 to 5 to remove encroachments from forest lands in specified survey numbers and to respondent 6 to disconnect illegal electricity connections.
Filing Reason
Alleged encroachments on notified forest land in Venugopalapuram Village.
Issues
Whether the respondents have removed encroachments from the notified forest land as claimed.
What further directions are necessary to protect the forest area from future encroachments.
Submissions/Arguments
Petitioner argued that forest land was encroached and illegal electricity connections existed.
Respondents 1 to 5 submitted written instructions stating that encroachers were evicted and possession taken.
Ratio Decidendi
Once encroachments on notified forest land are removed and possession taken by forest authorities, the court may dispose the petition with directions to protect the area from future encroachments and maintain it under the Forest Act and Rules.
Judgment Excerpts
With reference to the relief sought for in the present Writ Petition, Forest Range Officer, Tiruttani Range, in his written instructions... has stated that the subject land detailed in the Writ Petition is forest land declared under Section 26 of the Tamil Nadu Forest Act, 1882...
Thus, the respondents are directed to protect the notified forest area from further encroachments and to maintain the same in accordance with the provisions of the Forest Act and the Rules framed thereunder.
Procedural History
Petitioner filed writ petition on unknown date; court heard on 26-03-2026; Forest Range Officer submitted written instructions dated 18-03-2026; court disposed petition on same date.
Acts & Sections
- Tamil Nadu Forest Act, 1882: Section 26
- Constitution of India: Article 226
