A.Radhakrishnan v. The Secretary to Government

Madras HC25 Mar 2026WP/11299/2026

Case brief

AI extract

What is this about?

Mandamus; Article 226; Government Poromboke land; encroachment removal; survey; Section 7 Tamil Nadu Land Encroachment Act 1905; opportunity of hearing; six-month timeline; Kelamangalam Village; Thankanikottai/Thenkanikottai Taluk; Krishnagiri District; S.Nos.612-615; representations 06.06.2019, 12.05.2022, 04.04.2024, 05.03.2026; communication dated 20.03.2023; Dargah administrator; disposal without costs.

What did the court decide?

Writ of mandamus not issued in terms prayed; petition disposed of with direction to official respondents 1 to 9 to initiate action in accordance with law as expeditiously as possible and complete the exercise preferably within six months; no order as to costs. ¶¶49

A.Radhakrishnan Vs The Secretary to Government — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing official respondents 1 to 9 to remove the alleged illegal encroachments by respondents 10 to 13 in Government Poromboke land in S.Nos.612 to 615 at Kelamangalam Village, Thankanikottai Taluk, Krishnagiri District, after considering the petitioner's representations and the third respondent's communication dated 20.03.2023. +1 more

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Court's answer

In view of the learned State Counsel's statement that a survey would be conducted and, if encroachment is found, proceedings under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 would be initiated after hearing, the Court disposed of the writ petition directing the official respondents to initiate action in accordance with law as expeditiously as possible and to complete the entire exercise preferably within six months.

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Detailed headnote1 paragraphs

Writ Petition (Madras High Court, Sushrut Arvind Dharmadhikari, CJ and G.Arul Murugan, J., order by the Chief Justice) under Article 226 of the Constitution of India seeking a writ of mandamus against official respondents 1 to 9 to remove alleged illegal encroachments by private respondents 10 to 13 in Government Poromboke land in S.Nos.612, 613, 614 and 615 at Kelamangalam Village, Thankanikottai Taluk, Krishnagiri District, pursuant to the petitioner's representations dated 06.06.2019, 12.05.2022, 04.04.2024 and 05.03.2026 and the third respondent's communication dated 20.03.2023. The State stated that encroachments were alleged, that a survey would be conducted, and that if encroachment was found, proceedings under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 would be initiated and encroachments removed after affording opportunity of hearing. On that statement, the Court disposed of the petition directing the official respondents to initiate action in accordance with law as expeditiously as possible and complete the exercise preferably within six months. No order as to costs.

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WP No.11299 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 25.03.2026

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CORAM

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THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI,

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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 No.11299 of 2026

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A.Radhakrishnan 38, Mettu Agraharam, Salem- 636 001.

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Petitioner

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1.The Secretary to Government Revenue Department, Secretariat, Chennai-09.

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2.The Commissioner of Revenue Administration Ezhilagam, Cheppaukkam, Chennai-05.

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3.The Commissioner of Land Administration Ezhilagam, Cheppaukkam, Chennai-05.

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4.The Commissioner of Survey and Settlements Survey House, Cheppaukkam, Chennai-05.

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5.The Director of Animal Husbandry

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& Veterinary Services Nandanam, Chennai-035.

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6.The District Executive Magistrate/ District Collector Krishnagiri.

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7.The Taluk Executive Magistrate/ Tahsildar Thenkanikottai, Krishnagiri District.

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Page 1 of 6

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

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WP No.11299 of 2026

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8.The Superintendent of Police Krishnagiri

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9.The Joint Director of Animal Husbandry Krishnagiri.

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10.Asif

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Thagha Compound, Kelamangalam, Thenkanikottai Taluk, Krishnagiri District.

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11.Sameer Bai Thargha Compound, Kelamangalam, Thenkanikottai Taluk, Krishnagiri District.

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12.Jothikumar

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Thavarakeri Village, Jakkeri Panchayat, Thenkanikottai Taluk, Krishnagiri District.

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13.The Present Administrator Sheriff Hasarath Shaheed Batcha Dargah, Kelamangalam, Thenkanikottai Taluk, Krishnagiri District.

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Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 to 9 to remove the illegal encroachments made by respondents 10 to 13 in Government Poromboke land situated in S.Nos.612, 613, 614 and 615 at Kelamangalam Village, Thankanikottai Taluk, Krishnagiri District by considering petitioner’s representations dated 06.06.2019, 12.05.2022, 04.04.2024 and 05.03.2026 and the communication issued by the 3^rd respondent dated 20.03.2023.

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For Petitioner : Mr. R.Marudhachalamurthy

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For Respondents : Mrs. Akila Rajendran Government Advocate For respondents 1 to 7, 9.

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Mr. K.M.D.Muhilan Additional Public Prosecutor For respondent No.8

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Page 2 of 6

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

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ORDER

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

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WP No.11299 of 2026

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This writ petition has been filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing respondents 1 to 9 to remove the illegal encroachments made by respondents 10 to 13 in Government Poromboke land situate in S.Nos.612, 613, 614 and 615 at Kelamangalam Village, Thankanikottai Taluk, Krishnagiri District by considering petitioner’s representations dated 06.06.2019, 12.05.2022, 04.04.2024 and 05.03.2026 and the communication issued by the third respondent dated 20.03.2023.

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Responding to the above allegation, learned State Counsel for

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the respondents submitted that there are certain encroachments, and to ascertain the true situation, survey is to be conducted. Learned State Counsel further submitted that on survey, if any encroachment is found, proceedings under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 would be initiated and encroachments would be removed, after affording opportunity of hearing to all concerned.

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Page 3 of 6

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

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WP No.11299 of 2026

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In view of the aforesaid statement of the learned State

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Counsel, we dispose of the petition with direction to the official respondents to initiate action in accordance with law as expeditiously as possible, and complete the entire exercise preferably within a period of six months.

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