Petitioner sought a mandamus directing removal of an alleged encroachment on his patta land by the Panchayat Union for storm water drainage. The Court found disputed facts regarding title, held writ jurisdiction cannot adjudicate them, dismissed the petition and granted liberty to approach the civil court.
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2026:MHC:678
W.P.No.4906 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.02.2026
C O R A M
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
W.P.No.4906 of 2026
P.S.Krishnakumar
... Petitioner
-vs-
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5/19, B-2, Pudhupakkam Panchayat & Village, Thiruporur Panchayat Union, Vandalur Taluk, Chengalpet District.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to praying to issue a Writ of Mandamus, directing the respondents to remove the encroachment made in the land of the petitioner comprised in S.No.58/4, to an extent of 1,134 sq.ft. bearing Patta No.2463, situated at No.43, Pudupakkam Village, Thiruporur Panchayat Union, presently Chengalpet District, within the period to be stipulated by this Court, by considering the representation made by the petitioner dated 27.02.2025 to the respondents.
For Petitioner : Mrs.T.K.S.Bharathy Shri For Respondents : Mr.D.Ravichander
Spl. Govt. Pleader for R1, R2, R4 to R6
Mr.S.Prabhakaran, Govt. Advocate for R3
O R D E R
(Order of the Court was made by C.KUMARAPPAN,J.,)
The present Writ Petition has been filed to direct the respondents to
remove the encroachments made in the land of the petitioner comprised in S.No.58/4, to an extent of 1134 sq.ft. bearing Patta No.2463 at Chengalpet District.
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2. It is the specific submission of the learned counsel for the
petitioner that the 3rd respondent has encroached upon the petitioner’s land so as to put up a storm water drainage.
3. However, it is the submission of the learned Special Government
Pleader that such construction is made only in the Government land.
4. Therefore, it is found from the either side submission that there are disputed facts in respect of the title over the property. In a Writ jurisdiction this Court cannot go into the disputed facts.
5. Therefore, we do not find any ground to entertain the present Writ Petition. Accordingly, granting liberty to the petitioner to approach the competent civil Court of law, this present Writ Petition is dismissed . No costs.
(S.M.S,J.,) (C.K,J.,) 17.02.2026
Index: Yes / No Internet: Yes / No dsa 3/6
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To:
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S.M.SUBRAMANIAM, J. AND C.KUMARAPPAN, J.
dsa
W.P.No.4906 of 2026
17.02.2026
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1 issue framed by the court
Whether a writ court can direct removal of an alleged encroachment where title to the land is disputed between the petitioner and the authorities.
1 provisions across 1 enactments
P.S.Krishnakumar
State of Tamil Nadu, Rep. by its Secretary to Government, Revenue Department
The District Collector, Chengalpet District
The Commissioner, Thiruporur Panchayat Union
The Tahsildar, Pudhupakkam Village
The Chief Surveyor, Taluk Office, Thiruporur
S.M.Subramaniam
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court