Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 2355 (MAD)

R.Karuppasamy v. The District Collector / The Chairman

WP(MD)/10103/2026 · 2026-04-10

M Jothiraman, N Sathish Kumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P(MD)No.10103 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2026 CORAM: THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P(MD)No.10103 of 2026 R.Karuppasamy ... Petitioner vs. 1.The District Collector / The Chairman, District Monitoring Committee, Virudhunagar District. 2.The District Revenue Officer, Virudhunagar District. 3.The Revenue Divisional Officer, Sattur, Virudhunagar District. 4.The Tahsildar, Sattur, Virudhunagar District. 5.Saraswathi ... Respondents 1/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.10103 of 2026 PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to remove the encroachment made in Government poromboke land comprised in S.No.333/5, Udkadai Sundara Kudumbanpatti Kolvarpatti, Sattur Taluk, Virudhunagar District by the fifth respondent herein. For Petitioner : Mr.T.S.Mohamed Mohideen For Respondents : Mr.A.Kannan (R1 to R4) Additional Government Pleader ORDER (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 to remove the alleged encroachment made by the fifth respondent in the Government poromboke land comprised in Survey No.333/5, Udkadai Sundarakudumbanpatti, Kolvarpatti, Sattur Taluk, Virudhunagar District. 2/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.10103 of 2026 2.The petitioner states that he is a resident of Sundarakudumbanpatti and that the land in Survey No.333/5 is classified as Government poromboke land. It is alleged that the fifth respondent has encroached upon the said land by installing a borewell and putting up a tin shed. 3.It is further submitted that, as per the ‘A’ Register, Survey No. 333/5 has subsequently been reclassified as Survey Nos.333/5A and 333/5B, categorized as grama natham and ularkalam (paddy drying land), respectively. The petitioner contends that, due to the encroachment made by the fifth respondent, a portion of the pathway in common use has been obstructed. 4.The petitioner states that, based on his earlier representation dated 20.07.2023, the District Collector, by proceedings dated 08.01.2024, directed the Revenue Divisional Officer, Sattur, to take action regarding the 3/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.10103 of 2026 said encroachment. Thereafter, the petitioner submitted a further representation dated 05.07.2024. Despite repeated representations, no effective action has been taken by the respondents. 5.The petitioner further submits that, as per G.O.Ms.No.540, Revenue (LD6(2)) Department, dated 04.12.2014, and G.O.(Ms)No.64, Revenue and Disaster Management Department, dated 08.02.2024, the authorities are empowered and obligated to identify and remove encroachments on Government lands. It is also stated that the Revenue Divisional Officer, Sattur, by proceedings dated July 2024, instructed the Tahsildar to take necessary action in accordance with the said Government Orders. However, the encroachment, including the tin shed and borewell with an alleged illegal electricity connection, continues to remain. In these circumstances, due to the inaction of the respondents, the petitioner has filed the present Writ Petition seeking appropriate directions. 4/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.10103 of 2026 6.The learned Additional Government Pleader appearing for the official respondents submitted that the subject land in question is classified as natham land. 7.The fifth respondent contends that she has been in occupation of the said land for more than 20 years, whereas the learned counsel appearing for the petitioner submits that the land is classified as ularkalam. 8.Heard the learned counsel appearing on either side and perused the materials available on record. 9.On perusal of the materials available on record, it is seen that the ‘A’ Register clearly indicates that Survey Nos.333/5A and 333/5B are classified as “Natham Poromboke.” Be that as it may, once a land is classified as natham and is in occupation, the question of invoking the provisions of the Tamil Nadu Land Encroachment Act, 1905 does not arise. Hence, we do not find any merit in the Writ Petition. 5/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.10103 of 2026 10.Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. [N.S.K.,J.] [M.J.R.,J.] 10.04.2026 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The District Collector / The Chairman, District Monitoring Committee, Virudhunagar District. 2.The District Revenue Officer, Virudhunagar District. 3.The Revenue Divisional Officer, Sattur, Virudhunagar District. 4.The Tahsildar, Sattur, Virudhunagar District. 6/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.10103 of 2026 N.SATHISH KUMAR , J. and M.JOTHIRAMAN , J. ps W.P(MD)No.10103 of 2026 DATED : 10.04.2026 7/7 https://www.mhc.tn.gov.in/judis