W.P.(MD)No.24230 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2025 CORAM: THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.P.(MD)No.24230 of 2025 C.M.S.Evangelical Church, Represented by its Secretary /Authorized Signatory Enoke, Pookuli, Thidiyoor Village, Palayamkottai Taluk, Tirunelveli District. ... Petitioner Vs. 1.The District Colletor, Tirunelveli, Tirunelveli District. 2.The Revenue Divisional Officer, Revenue Divisional Office, Palayamkottai Taluk, Tirunelveli District. 3.The Tahsildar, Palayamkottai Taluk, Tirunelveli District. 4.The Block Development Officer, Palayamkottai Taluk, Tirunelveli District. 5.The Village Administrator, Thidiyoor Village, Palayamkottai Taluk, Tirunelveli District. 1/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.24230 of 2025 6.Thavasimani ... Respondents PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st to 4th respondents herein to remove the encroachment made by the 6th respondent in Government Poramboke land bearing Survey No.331/7, 331/10 at Pookuli, Thidiyoor Village, Palayamkottai Taluk, Tirunelveli District as per proceedings O.Mu.Aa2/243/2025 dated 18.02.2025 by the 2nd respondent and also based on the petitioner's representation dated 14.10.2024. For Petitioner : Mr.A.Banumathy For R1 to R3 & R5 : Mr.D.Sadiq Raja Additional Government Pleader Mr.J.Ashok Additional Government Pleader for Mr.S.P.Maharajan Special Government Pleader ORDER (Order of the Court was made by DR.ANITA SUMANTH, J.) This writ petition is filed for a mandamus to remove the encroachments made by R6 in the land bearing Survey No.331/7, 331/10 at Pookuli, Thidiyoor Village, Palayamkottai Taluk, Tirunelveli District (property/property in question). 2/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.24230 of 2025 2.It is the case of the petitioner represented by Mr.M.Benison, learned counsel, that R6 is encroaching into a public pathway as well as church property by erection of an iron wire/ thorn fence blocking access to the Church. He also alleges that R6 has encroached into the adjoining government poromboke land. Hence, this writ petition. 3.We called for counter as well as supporting revenue records to understand the classification of the land in question and a clear and categoric counter has been filed by the Tahsildar, Palayamkottai Taluk/R3. The classification of, and title to the land in Survey Nos.331/7 and 331/10 have been set out in a methodological fashion. 4. As far as the land in Survey No.331/7 is concerned, both revenue records and sketch establish that the same is a lane and Mr.D.Sadiq Raja, learned Special Government Pleader, on instructions, could also confirm that there is no encroachment by R6 upon the lane. This is recorded. 5.As far as the land in Survey No.331/10 is concerned, admeasuring 1.80.50 hectares, it is classified as Sarkar poromboke and is registered as Grama Natham. The history of ownership and possession of the aforesaid land has been traced nicely in the counter filed by R3, which reads as follows: 3/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.24230 of 2025 “In the update registry scheme the land to an extent of 1.80.50 Hectares in respect of survey No. 120 situated at Thidiyoor Village was classified as sarkar poramboke and registered as Gramanatham. During Natham Survey, the land to an extent of 27 Sqm in respect of new Natham survey No. 331/7 (Old Natham Survey No. 120 Part) classified as sarkar poramboke and registered as "lane". Similarly the land to an extent of 350 sqm in respect of New Natham Survey No. 331/10 (Old Natham Survey 120 Part) Classified as sarkar Poramboke and registered as "vacant site". Initially, One Nallathambi Nadar and his wife namely Gnana Sundari, who the parents of the 6th respondent got the above said property from one Ananthan Naadathi Wife of Santhanam along with a thatched hut and house, by the way of Registered Settlement deed No.2804/1949 dated 24.10.1949 mentioned with proper four boundaries. There after the demise of father and mother of the 6th respondent herein has erected wiremess surrounded the above said property and has been under in possession and enjoyment the same till this day. Per contra, As the subject land is classified as sarkar poramboke and registered as lane and vacant site, the petitioner here in has represented to the official respondents on 14.10.2024 to evict the encroachment by the way of errecting an iron wired thorny fence in both sides, made by the 6th respondents and restore the land for public purpose. 9)I humbly submit that the averment raised by the petitioner here in para 4 of the affidavit is denied as false. Infact the subject property is a Hereditary property to the 6th respondent. One Nallathambi Nadar and his wife namely Gnana Sundaram, who the parents of the 6th respondent got the above property from one Anantha Naddathi W/o. Santhanam along with a thatched hut and house by the way of settlement deed no. 2804/1949 dated 24.10.1949 as mentioned with proper four boundaries. The four bountries of the second schedule of the above subject land is mentioned as below: North: Bounded by East-west lane East: Bounded by House of Ponniah South:Bounded by East-west Street 4/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.24230 of 2025 West:Bounded by North-South Lane The four boundaries of the 3rd Schedule of the Property is bounded with:- North: Bounded by Church East:Bounded by North South Street South: Bounded by House of Samuel Nadar West: Bounded by House of Mosey Nadar The above said Boundaries have by clearly registered the above settlement document.” 6.It appears that after demise of parents of R6, the property has been inherited by R6 and there is an application filed by R6 seeking change of classification of land from Sarkar poromboke to ryotwari manai and issuance of natham patta. Mr.Sadiq Raja, would submit that the application is under consideration, having regard to the fact that R6 and his family have been in possession of the land from 24.10.1949 as evidenced by the settlement deed produced before the authorities. 7.With this, nothing further remains for adjudication in the matter as the counter filed by R3 has answered all the allegations /averments in the writ affidavit in a proper fashion. This writ petition is hence dismissed. No costs. [A.S.M.J.,] & [C.K.J.,] 16.10.2025 NCC :Yes Index :Yes/No Internet :Yes ta 5/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.24230 of 2025 To 1.The District Colletor, Tirunelveli, Tirunelveli District. 2.The Revenue Divisional Officer, Revenue Divisional Office, Palayamkottai Taluk, Tirunelveli District. 3.The Tahsildar, Palayamkottai Taluk, Tirunelveli District. 4.The Block Development Officer, Palayamkottai Taluk, Tirunelveli District. 5.The Village Administrator, Thidiyoor Village, Palayamkottai Taluk, Tirunelveli District. 6/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.24230 of 2025 DR.ANITA SUMANTH, J. AND C.KUMARAPPAN, J. ta W.P.(MD)No.24230 of 2025 16.10.2025 7/7 https://www.mhc.tn.gov.in/judis