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Ponnuswamy S Vs The State of Tamil Nadu represented by its Additional Secretary to Government

Ponnuswamy S vs The State of Tamil Nadu represented by its Additional Secretary to Government

Type Court Judgment Court Chennai Decided Mar 27, 2026
~3 min read
https://sooperkanoon.com/case/1600210

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Citation
Court
Chennai High Court
Judge
Decided On
Case Number
WP(MD)/8257/2026

Parties & Advocates

Appellant / Petitioner

Ponnuswamy S

Respondent

The State of Tamil Nadu represented by its Additional Secretary to Government

Excerpt

.....poramboke land comprised in s.no.60/3 situated at tevarambur village, thiruppattur taluk, sivagangai district within any reasonable time.for petitioner : mr.s.r.karthikeyan for respondents : mr.s.p.maharajan (r1 to r6) special government pleaderorder(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 1 to 5 herein to remove the encroachments of the respondents 7 to 10 on the natham poramboke land comprised in s. no. district. 2.by consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 3.mr.s.p.maharajan, learned special government pleader, accepts notice for the respondents 1 to 6. considering the limited relief sought by the petitioner, notice to the respondents 7 to 10 is dispensed with.4.it is the contention of the petitioner that the subject property is situated at tevarambur village, thiruppattur taluk, sivagangai district, and that he is residing and working in chennai. taking advantage of this, the respondents 7 and 8, who are nephews, and respondents 9 and 10, who are brothers, colluding with each other, had encroached upon the subject property by erecting a shed with cement sheets thereon. in this regard, the petitioner submitted a representation dated 29.04.2025 before the concerned authority. thereafter, the sixth respondent acknowledged that there is an encroachment to the extent of 23 sq. meters on the said land by way of a cement shed. since no action has been taken so far, the petitioner has filed the present writ petition.5.the learned special government pleader appearing for respondents 1 to 6, on instructions, submitted that based on the report of the sixth respondent, the authorities concerned would take appropriate action for the removal of the encroachment.6.in view of the above, the authorities concerned are directed to take necessary action for the removal of such encroachment, after affording.....

Full Judgment

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN S.Ponnuswamy ... Petitioner vs. 1.The State of Tamil Nadu, Represented by its Additional Secretary to Government, Revenue and Disaster Management Department, Secretariat, Chennai - 600 009. 2.The District Collector, 3.The District Revenue Officer, 4.The Revenue Divisional Officer cum Sub Collector, Devakottai Division, Sivagangai District - 630 303.

5.The Tahsildar, 6.Head Surveyor, Survey Section, 7.V.Baskar 8.V.Babu 9.S.Subramanian 10.S.Kalaimani ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 5 herein to remove the encroachments of the respondents 7 to 10 on the Natham Poramboke land comprised in S.No.60/3 situated at Tevarambur Village, Thiruppattur Taluk, Sivagangai District within any reasonable time.

For Petitioner : Mr.S.R.Karthikeyan For Respondents : Mr.S.P.Maharajan (R1 to R6) Special 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 1 to 5 herein to remove the encroachments of the respondents 7 to 10 on the Natham Poramboke land comprised in S. No. District. 2.By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself. 3.Mr.S.P.Maharajan, learned Special Government Pleader, accepts notice for the respondents 1 to 6. Considering the limited relief sought by the petitioner, notice to the respondents 7 to 10 is dispensed with.

4.It is the contention of the petitioner that the subject property is situated at Tevarambur Village, Thiruppattur Taluk, Sivagangai District, and that he is residing and working in Chennai. Taking advantage of this, the respondents 7 and 8, who are nephews, and respondents 9 and 10, who are brothers, colluding with each other, had encroached upon the subject property by erecting a shed with cement sheets thereon. In this regard, the petitioner submitted a representation dated 29.04.2025 before the concerned authority. Thereafter, the sixth respondent acknowledged that there is an encroachment to the extent of 23 sq. meters on the said land by way of a cement shed. Since no action has been taken so far, the petitioner has filed the present Writ Petition.

5.The learned Special Government Pleader appearing for respondents 1 to 6, on instructions, submitted that based on the report of the sixth respondent, the authorities concerned would take appropriate action for the removal of the encroachment.

6.In view of the above, the authorities concerned are directed to take necessary action for the removal of such encroachment, after affording sufficient opportunity of personal hearing to all parties concerned and by following due process of law, within a period of three months from the date of receipt of a copy of this order.

7.With the above directions, this Writ Petition is disposed of. No costs. [N.S.K.,J.] [M.J.R.,J.] 27.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes ps

To 1.The Additional Secretary to Government, Revenue and Disaster Management Department, Represented by the State of Tamil Nadu, Secretariat, Chennai - 600 009. 2.The District Collector, 3.The District Revenue Officer, 4.The Revenue Divisional Officer cum Sub Collector, Devakottai Division, Sivagangai District - 630 303. 5.The Tahsildar, 6.Head Surveyor, Survey Section,

N.SATHISH KUMAR, J.

and

M.JOTHIRAMAN, J.

ps

ORDER MADE IN

DATED : 27.03.2026

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