Case Note & Summary
The petitioners, Diocese of Chingleput society and Mazhai Malai Madha Arul Thalam, filed a writ petition challenging the order of the Commissioner of Land Administration dated 08.10.2021 and the consequential letter dated 26.08.2022, which held them as encroachers on Government Poramboke land where they had constructed religious institutions. During inspection, Revenue Authorities found the encroachment. The Commissioner conducted an enquiry and passed the impugned order. The petitioners sought quashing of these orders and a direction to the State to consider their proposal for exchange of lands. The petitioners, through Senior Counsel Mrs. Hema Sampath, submitted that they had preferred an application offering alternate land in lieu of the occupied land, and if accepted, no further enforcement action would be necessary. The Additional Government Pleader, Mr. T. Arun Kumar, submitted that the proposal had been forwarded to the Government for a final decision. The Court noted that since the application offering alternate land was pending before the Government, no further adjudication on the grounds raised in the writ petition was required. The Court disposed of the writ petition, granting liberty to the petitioners to pursue the pending proposal before the Government. The Court also directed that no coercive action be taken against the petitioners until the Government passes orders on the proposal.
Headnote
A) Land Law - Encroachment on Government Poramboke Land - Land Exchange Proposal - Petitioners encroached on Government Poramboke land and constructed religious institutions; Commissioner of Land Administration held them as encroachers. Petitioners offered alternate land in lieu of the occupied land. The proposal was forwarded to the Government for decision. Held that no further adjudication is required in the writ petition; petitioners may pursue the pending proposal before the Government (Paras 1-4).
Issue of Consideration
Whether the writ petition challenging the encroachment order should be adjudicated when the petitioners have offered alternate land in exchange and the proposal is pending before the Government.
Final Decision
Writ petition disposed of. No further adjudication required as the proposal for exchange of land is pending before the Government. Petitioners at liberty to pursue the pending proposal. No coercive action to be taken until Government passes orders.
Law Points
- Land exchange
- encroachment
- Government Poramboke land
- alternate land proposal
- pending decision
- no adjudication
Case Details
2026 LawText (MAD) (02) 316
W.P.No.25132 of 2022 and W.M.P.NOS.24078, 24080 and 24082 of 2022
S.M.SUBRAMANIAM, C.KUMARAPPAN
Mrs.Hema Sampath, Senior Counsel for Mr.K.V.Muthu Visakan (for petitioners), Mr.T.Arun Kumar, Addl. Govt. Pleader (for respondents)
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Nature of Litigation
Writ petition challenging order of Commissioner of Land Administration holding petitioners as encroachers on Government Poramboke land.
Remedy Sought
Quashing of impugned letters dated 08.10.2021 and 26.08.2022, and direction to consider petitioners' proposal for exchange of lands.
Filing Reason
Petitioners were found to have encroached upon Government Poramboke land and constructed religious institutions; Commissioner of Land Administration passed order holding them as encroachers.
Previous Decisions
Commissioner of Land Administration passed order dated 08.10.2021 and consequential letter dated 26.08.2022 holding petitioners as encroachers.
Issues
Whether the writ petition challenging the encroachment order should be adjudicated when the petitioners have offered alternate land in exchange and the proposal is pending before the Government.
Submissions/Arguments
Petitioners submitted that they have offered alternate land in lieu of the occupied land and if accepted, no further enforcement action is necessary.
Respondents submitted that the proposal has been forwarded to the Government for final decision.
Ratio Decidendi
When a proposal for exchange of land is pending before the Government, no adjudication on the merits of the encroachment order is necessary; the petitioners may pursue the pending proposal.
Judgment Excerpts
Revenue Authorities, during inspection, found that petitioners have encroached upon a Government Poramboke land and constructed religious institutions.
In view of the development, that the application submitted by petitioners, offering an alternate land in lieu of the land in their occupation has been forwarded to the Government and the same is pending with the Government for passing necessary orders, no further adjudication needs to be undertaken in respect of grounds raised in the present Writ Petition.
Procedural History
Revenue Authorities inspected and found encroachment. Commissioner of Land Administration conducted enquiry and passed order holding petitioners as encroachers. Petitioners challenged the order by filing writ petition. During pendency, petitioners offered alternate land in exchange. Proposal forwarded to Government. Court disposed of writ petition without adjudication on merits.
