Case Note & Summary
The petitioner, V.Ravi, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing respondents 1 to 5 (District Collector, Commissioner of Tambaram Corporation, Revenue Divisional Officer, Tahsildar, and Village Administrative Officer) to remove the encroachment and superstructure put up by the 6th respondent, Loganathan, on property situated in Old S.No.146/7(part), T.S.No.16, Block 2, Selaiyur village, Tambaram Taluk, Chengalpattu District. The land is classified as 'Sarkar Poramboke Land' in revenue records, and the encroachment is to an extent of 6 cents out of a total extent of 28 cents. The petitioner relied on his representation dated 24.07.2025 and eviction proceedings ordered in Na.Ka.No.511/2025/F1 dated 25.02.2025 passed by the 2nd respondent (Commissioner, Tambaram Corporation). The learned Standing Counsel for Tambaram Corporation submitted that a survey had been conducted and encroachments identified, but the revenue authority had to initiate enforcement action for removal. The Court directed the 2nd respondent to submit the survey report to the jurisdictional Tahsildar, who may conduct an inspection, identify encroachments, and proceed with enforcement action for removal by following procedures under relevant statutes and rules within a period of 12 weeks from the date of receipt of the survey report. The writ petition was disposed of with these directions.
Headnote
A) Constitutional Law - Writ of Mandamus - Removal of Encroachment on Government Land - Article 226 of the Constitution of India - Petitioner sought mandamus to direct revenue authorities to remove encroachment on Sarkar Poramboke land - Court directed the 2nd respondent to submit survey report to Tahsildar, who shall inspect, identify encroachments, and proceed with enforcement action as per relevant statutes and rules within 12 weeks - Held that the authorities must follow due process for removal of encroachments (Paras 1-4).
Issue of Consideration
Whether the respondents can be directed to remove the encroachment and superstructure put up by the 6th respondent on Sarkar Poramboke land based on the petitioner's representation and existing eviction proceedings.
Final Decision
The Court directed the 2nd respondent (Commissioner, Tambaram Corporation) to submit the survey report to the jurisdictional Tahsildar. The Tahsildar may conduct an inspection, identify encroachments, and proceed with enforcement action for removal by following procedures under relevant statutes and rules within a period of 12 weeks from the date of receipt of the survey report. The writ petition was disposed of with these directions.
Law Points
- Writ of mandamus
- encroachment on government poramboke land
- duty of revenue authorities to remove encroachments
- survey and inspection by Tahsildar
- compliance with statutory procedures
Case Details
S. M. Subramaniam, K. Surender
Mr.A.Rajeshkanna for Petitioner; MR. T. Arun Kumar, Additional Government Pleader for RR1, 3 to 5; Mr.P.Srinivas for R2; Mr.M.Ganesan for R6
The District Collector, O/o.District Collector, Chengalpattu District; The Commissioner, O/o.Tambaram Corporation, Tambaram, Chengalpattu District; The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Tambaram, Chengalpattu District; The Tahsildar, Seliyur, Tambaram, Chengalpattu District; The Village Administrative Officer, Selaiyur Village, Tambaram, Chengalpattu District; Loganathan
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct revenue authorities to remove encroachment on government poramboke land.
Remedy Sought
Petitioner sought a writ of mandamus directing respondents 1 to 5 to remove the encroachment and superstructure put up by the 6th respondent on Sarkar Poramboke land, based on his representation dated 24.07.2025 and eviction proceedings dated 25.02.2025.
Filing Reason
Alleged encroachment by the 6th respondent on government poramboke land classified as 'Sarkar Poramboke Land' in revenue records.
Previous Decisions
Eviction proceedings were ordered in Na.Ka.No.511/2025/F1 dated 25.02.2025 passed by the 2nd respondent (Commissioner, Tambaram Corporation).
Issues
Whether the respondents can be directed to remove the encroachment on Sarkar Poramboke land based on the petitioner's representation and existing eviction proceedings.
Submissions/Arguments
Petitioner argued that the 6th respondent had encroached upon Sarkar Poramboke land and sought removal based on his representation and eviction proceedings.
Learned Standing Counsel for Tambaram Corporation submitted that survey had been conducted and encroachments identified, but revenue authority had to initiate enforcement action.
Ratio Decidendi
The court held that revenue authorities have a duty to remove encroachments on government poramboke land, and the proper procedure involves survey, inspection, and enforcement action as per relevant statutes and rules. The court directed the submission of survey report and subsequent action within a specified timeframe.
Judgment Excerpts
Writ on hand has been instituted directing the respondents 1 to 5 herein to remove the encroachment, superstructure putup by the 6th respondent herein property situated in Old S.No.146/7(part), T.S.No.16, Block 2, Selaiyur village, Tambaram Taluk, Chengalpattu District, which is absolutely classified as 'Sarkar Poramboke Land' in revenue records to an extent of 6 cents out of total extent of 28 cents by considering the petitioner representation dated 24.07.2025, on the light of the eviction proceedings ordered in Na.Ka.No.511/2025/F1 dated 25.02.2025 passed by the 2nd respondent.
Thus, 2nd respondent is directed to submit the survey report to the jurisdictional Tahsildar, who in-turn, if necessary, may conduct an inspection, and thereafter, identify encroachments if any, and proceed with the enforcement action for removal of encroachment by following the procedures as contemplated under relevant Statues and Rules within a period of 12 weeks from the date of receipt of the survey report.
Procedural History
The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus. The court heard the matter and disposed of it with directions on 17-03-2026.
Acts & Sections
- Constitution of India: Article 226
