Dismissed¶41

V.Kannan v. the Additional Chief Secretary

Madras HC15 Sept 2025WP/21670/2025

Case brief

AI extract

What is this about?

Keywords: patta; encroachment; encroachers; Kallankuthu; SF No.10; Thiruvannamalai/Tiruvannamalai; Girivalapathai; Tiruvannamalai Temple; waterbodies; Monitoring Committee; retired Judge as Chairman; HR & CE Department; Forest Department; PIL W.P.Nos.17511, 20084, 19880 of 2024; order dated 29.08.2024; Article 226 mandamus; RSO-15; G.O.(MS) No.97 Revenue and Disaster Management dated 21.02.2025; impleadment in pending PIL; writ petitions dismissed; no costs; Madras High Court; Division Bench; 15.09.2025.

What did the court decide?

No substantive relief to the petitioners; liberty given to seek impleadment in W.P.No.19880 of 2024; no order as to costs; interim applications closed. ¶41

V.Kannan Vs the Additional Chief Secretary — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

No substantive relief to the petitioners; liberty given to seek impleadment in W.P.No.19880 of 2024; no order as to costs; interim applications closed.

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Issue for consideration

Whether a writ of mandamus can be issued directing the respondents to grant patta to the petitioners in occupation of land in SF No.10, Ward No.3, Block No.1, Thiruvannamalai Town (classified 'Kallankuthu'), when specific directions already issued by this Court in the connected PIL (W.P.No.19880 of 2024) for identification and removal of encroachments remain in force.

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Ratio / Principle

It is not in dispute that all these writ petitioners are encroachers; as long as the directions contained in the order dated 29.08.2024 passed in W.P.No.19880 of 2024 remain in force, no mandamus for grant of patta as sought in these writ petitions can be issued in violation of the directions issued in the PIL.

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Key takeaways

The writ petitions are accordingly dismissed, with liberty left to the petitioners to seek impleadment in W.P.No.19880 of 2024.ratio¶41
There shall be no order as to costs, and consequently the interim applications (WMP Nos.24458, 24460, 24463, 24467 and 24469 of 2025) stand closed.ratio¶41

Detailed headnote1 paragraphs

Madras High Court (Coram: Manindra Mohan Shrivastava, CJ and G.Arul Murugan, J.; order dictated by the Chief Justice), by common order dated 15.09.2025, dismissed five Article 226 writ petitions (WP Nos.21670, 21673, 21675, 21679 and 21680 of 2025) in which V.Kannan, P.Sivalingam, R.Krishnamoorthy, R.Kumar and G.Selvaraj sought a writ of mandamus directing issuance of patta for areas in their occupation in SF No.10, Ward No.3, Block No.1, Thiruvannamalai Town, classified as 'Kallankuthu' in revenue records, invoking RSO-15 and G.O.(MS) No.97, Revenue and Disaster Management (LD-1(1)) Department dated 21.02.2025. Holding that the petitioners were admittedly encroachers and that their relief ran counter to the directions already issued by this Court in the connected PILs (W.P.Nos.17511, 20084 and 19880 of 2024) - specifically the order dated 29.08.2024 in W.P.No.19880 of 2024 appointing a retired Judge as Chairman of the Monitoring Committee for removal of encroachments in the Girivalapathai, Tiruvannamalai Temple and restoration of lands to the HR & CE and Forest Departments - the Court held that no mandamus for patta could issue in violation of those subsisting PIL directions. Petitions dismissed with liberty to seek impleadment in W.P.No.19880 of 2024; no costs; interim applications closed.

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WP Nos.21670, 21673, 21675, 21679 and 21680 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 15.09.2025

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CORAM

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THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA,

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CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE G.ARUL MURUGAN

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WP Nos.21670, 21673, 21675, 21679 and 21680 of 2025 and WMP Nos.24458, 24460, 24463, 24467 and 24469 of 2025

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V.Kannan .. Petitioner in WP.21670/25 P.Sivalingam .. Petitioner in WP.21673/25 R.Krishnamoorthy .. Petitioner in WP.21675/25 R.Kumar .. Petitioner in WP.21679/25 G.Selvaraj .. Petitioner in WP.21680/25

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-vs-

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The Additional Chief Secretary, Commissioner of Revenue Administration, Revenue and Disaster Management, Secretariat, Fort St. George, Chennai 600 009.

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The District Collector, Collectorate, Vengikkal, Thiruvannamalai District, Thiruvannamalai 606 604.

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The District Revenue Officer, Vengikkal, Thiruvannamalai District, Thiruvannamalai 606 604.

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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WP Nos.21670, 21673, 21675, 21679 and 21680 of 2025

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The Commissioner of Corporation, 222, Thirukovilur Road, Thiruvannamalai 606 601.

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The Tahsildhar, MathalangKula Street, Tiruvannamalai District 606 601. .. Respondents

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Prayer: Petitions filed under Article 226 of the Constitution of India for

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issuance of a Writ of Mandamus directing the respondents to issue Patta to the area in occupation of the petitioners in SF No.10, Ward No.3, Block No. 1, Thiruvannamalai Town classified as "Kallankuthu" in revenue records taking into the account RSO-15 and G.O.(MS) No.97, Revenue and Disaster Management (LD-1(1)) Department dated 21.02.2025.

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For Petitioner in all WPs.	:	Mr.Srinath Sridevan Senior Counsel for Ms.M.Adhishree
For Respondents
in all WPs.	:	Mr.A.Edwin Prabakar State Govt. Pleader
		for RR 1 to 3 and 5
		* * * * *

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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WP Nos.21670, 21673, 21675, 21679 and 21680 of 2025

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COMMON ORDER

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(Order of the Court was made by the Hon'ble Chief Justice)

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These writ petitions have been listed along with the Public Interest Litigations for analogous hearing, as the issue remains one and the same.

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1.1. There are three Public Interest Litigations, viz., W.P.Nos.17511, 20084 and 19880 of 2024, wherein mandamus is sought for removal of encroachments from waterbodies and the land comprised in a hill area.

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1.2. The petitioners in the present writ petitions, who have all rushed to this Court to file the petitions, against implementation of the directions issued in a PIL directing the Monitoring Committee to proceed not only to identify but also to remove the encroachments.

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After having gone through the order dated 29.08.2024 passed a PIL viz.,W.P.No.19880 of 2024, we find that specific directions were

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Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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WP Nos.21670, 21673, 21675, 21679 and 21680 of 2025

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issued by this Court appointing a retired Judge of this Court as the Chairman of the Monitoring Committee constituted earlier to take appropriate action for removal of encroachments in Girivalapathai in Tiruvannamalai Temple and for further action, if any required, for restoring the lands to HR & CE Department, Forest Department, etc.

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The relief which is sought in the present writ petitions filed by private respondents is in the teeth of the directions which have already been issued by this Court in the connected PIL. These writ petitions seek a direction for consideration of the petitioners' application for grant of patta on the statement that they have been enjoying the possession since long.

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It is not in dispute that all these writ petitioners are encroachers, but, now they claim grant of patta. As long as the directions contained in the order dated 29.08.2024 passed in W.P.No.19880 of 2024 remains in force, no such mandamus as sought for in these writ petitions can be issued in violation of the direction issued in the PIL.

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Page 4 of 6

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https://www.mhc.tn.gov.in/judis

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WP Nos.21670, 21673, 21675, 21679 and 21680 of 2025

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These writ petitions are, accordingly, dismissed. However, it will be open for the petitioners to seek impleadment in W.P.No.19880 of 2024. There shall be no order as to costs. Consequently, the interim applications stand closed.

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(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 15.09.2025

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Index : Yes/No Neutral Citation : Yes/No

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sra

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The Additional Chief Secretary, Commissioner of Revenue Administration, Revenue and Disaster Management, Secretariat, Fort St. George, Chennai 600 009.

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