Writ appeal against an order directing restoration of possession of Government poramboke land and payment of Rs.5 lakh to the writ petitioner. The Divisional Bench directed a Collector's enquiry, which found the writ petitioner's patta bogus and the land Government poramboke. Holding the petitioner had no legal right to the land, the Court set aside the writ order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2026:MHC:904
WA No. 1792 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-03-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE K. SURENDER
WA No. 1792 of 2023 and CMP No. 15733 of 2023
Prabaharan
Assistant Divisional Engineer, Highways Department, Pennagaram, Dharmapuri District
..Appellant(s)
Vs
Rep by the District Collector, Dharmapuri District, Dharmapuri.
..Respondent(s)
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WA No. 1792 of 2023
WA No. 1792 of 2023
To set aside the Order, dated 13-09-2022 in W.P.No.30148 of 2018 passed by this Honble Court.
| WA | No. 1792 of 2023 |
|---|---|
| For Appellant(s): | Mr.G.Mutharasu |
| For Respondent(s): | Mr.T.Arunkumar, Addl.G.P. for r1 to R4 No apperance for R5 Mr.K.Venkatasubban for M/s.Sarvabhauman Associates for R6 |
Judgment
(Judgment of the Court was delivered by S.M.Subramaniam J.)
Under assail is the writ order dated 13.09.2018 passed in W.P.No.30148 of 2018.
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WA No. 1792 of 2023
order granting the relief as sought for by the writ petitioner and further directed the official respondents to pay a sum of Rs.5,00,000/- to the writ petitioner towards costs.
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WA No. 1792 of 2023
assignment was granted in favour of the 6th respondent. The patta produced by the 6th respondent is a bogus document. Therefore, the writ Court has granted the relief without considering these ground raised by the State authorities.
6. I respectfully submit that the Photocopy of the alleged patta was scrutinized in par with the all of the revenue records available with the Revenue and the Highways department and the enquiry findings are as follows:
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WA No. 1792 of 2023
A.
| Re Survey No. |
UDR New Survey No. |
Extent | Classification |
|---|---|---|---|
| 407 | 407/1A | 0.05.0 Hectare or 12.35 Cents |
Government Poramboke – Penangaram to Nagamarai Nilaviyal Asphalt Road |
| 407 | 407/1B | 1.33.0 Hectare or 3 Acres 29 cents |
Government Poramboke – Eriyr Grama Natham |
| 407 | 407/2 | 0.00.5 Hectare or 1.25 Cents |
Government Poramboke – drinking water well |
(Classification of the Survey No. 407 during UDR scheme)
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WA No. 1792 of 2023
E.
7. I respectfully submit that in the year 2002 to 2003, the Highways Department with the aid of the Revenue Officials surveyed the Survey No. 407/1A and found several encroachments in it. I submit that the Respondent No. 6 Mr. Ramaraj, as he was in possession of a bogus patta for the undivided Survey No. 407/1 which is non existent, he was removed from the government lands after following the due process of law.
8. I respectfully submit that that the Survey No. 407 was sub divided into 407/1A, 407 /1B and 407/2 only in the years between
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WA No. 1792 of 2023
_1983 to 87. I further submit that after the sub division, the Survey No.407/ 1B was classified as“Eriyur Grama Natham” and patta to the private individuals were issued only in the year 1991 during the Natham Settlement Scheme, till such time no patta was issued in the entire Survey No. 407.
9. I respectfully on perusal of the patta in the hands of the Petitioner, there exists no Revenue or registration documents in the entire district of Dharmapuri and Salem (before district bifurcation), to prove the onus of the Patta lying in the hands of the Respondent No. 6 herein. Therefore, it is presumed that the so called patta possessed by the Respondent No. 6, is bogus and there are no revenue records to prove the same.
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WA No. 1792 of 2023
(S.M.S.,J.) (K.S.,J.) 03-03-2026
Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No vsi
To
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WA No. 1792 of 2023
S.M.SUBRAMANIAM J. AND K.SURENDER J.
VSI
WA No. 1792 of 2023 and CMP No. 15733 of 2023
03-03-2026
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2 issues framed by the court
Whether the writ petitioner established a legal right over land classified as Government poramboke based on a patta alleged to be bogus.
Whether the writ court's order restoring possession and awarding costs should be set aside.
Prabaharan
State, Rep by the District Collector, Dharmapuri District
The Revenue Divisional Officer, Dharmapuri District
The Tahsildar, Pennagaram Taluk, Dharmapuri
The Assistant Divisional Engineer, Highways Department, Pennagaram
Malarvizhi, District Collector, Dharmapuri District
S. M. Subramaniam
K. Surender
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
