Disposed¶48

P.Jothivel v. the District Collector

Madras HC9 Mar 2026WP/8554/2026

Case brief

AI extract

What is this about?

Vaari Poramboke encroachment removal; Survey No.26 Kavanur Village Ariyalur Taluk; public interest litigation under Article 226; writ of mandamus; representations 14.10.2024, 29.10.2024, 13.10.2025; six encroachers identified in survey; removal notice 14.03.2025; four encroachments removed; respondents 5 and 6 R.Verriya and R.Elavarasan granted patta; patta cancellation prerequisite to removal; Section 12 Tamil Nadu Patta Passbook Act 1983 appeal; appellate authority; liberty to petitioner subject to limitation; writ petition disposed of; no costs; Madras High Court; Dharmadhikari CJ and Arul Murugan J.

What did the court decide?

Liberty granted to the petitioner to approach the appellate authority (appeal under Section 12 of the Tamil Nadu Patta Passbook Act, 1983) in accordance with law, subject to the law of limitation; no order as to costs.

P.Jothivel Vs the District Collector — Writ and Judicial Review | Madras HC (2026)

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WP No.8554 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09.03.2026

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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

WP No.8554 of 2026

P.Jothivel

S/o.Poorasamy,

East Street, Palayakudi Post, Kavanur Village, Ariyalur Taluk, Ariyalur District : Petitioner

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Versus

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1.The District Collector

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Office of the District collector, Ariyalur, Ariyalur District.

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2.The District Revenue Officer

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Office of the District Revenue Office, Ariyalur Ariyalur Taluk, Ariyalur District.

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3.The Thasildar

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Office of the Thasildhar-Ariyalur Taluk office, Ariyalur Taluk, Ariyalur District.

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4.The Block Development officer, Kavanur Panchayat Union

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Office of the Block Development office, Kavanur Village and Panchayat Union, Ariyalur Taluk, Ariyalur 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.8554 of 2026

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5.R.Verriya

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Ponparrappan Street, Kavanur Village, Ariyalur Taluk, Ariyalur District.

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6.R.Elavarasan

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Ponparrappan Street, Kavanur Village, Ariyalur Taluk, Ariyalur District : Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to consider the representation dated 14.10.2024 and reminder dated 29.10.2024, 13.10.2025 and consequently direct the respondents to remove the encroachment at Vaari Poramboke situated at Survey No.26, Kavanur Village, Ariyalur Taluk, Ariyalur District which is a Government Poromboke land.

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For Petitioner : Ms.A.Kalaiselvi For Respondents : Mr.E.Vijay Anand, A.G.P., for respondents 1 to 3

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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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Heard learned counsel for the petitioner on the question of admission.

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The petitioner has filed the present writ petition under Article 226 of the Constitution of India by way of a public interest litigation on the ground that he is owning agricultural lands in S.Nos.2/2D and 2/3E in Kavanur village, Ariyalur Taluk. According to the petitioner, respondents 5 and 6, have encroached Vaari Poromboke lands i.e.

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Page 2 of 6

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

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WP No.8554 of 2026

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lands which are used by the villagers for drying their reaped crops. Because of the encroachment, the public at large are prevented from using the Vaari poromboke lands.

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Learned State Counsel submitted that during survey, six

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encroachers have been identified and notice for removal of encroachment has been issued on 14.03.2025. Thereafter, four encroachments have been removed. However, two of the persons, arrayed as respondents 5 and 6 herein, have been granted patta. Therefore, the authorities are not in a position to remove them. According to the learned State counsel, unless and until the patta is cancelled, respondents 5 and 6 cannot be removed. Learned State Counsel further pointed out that Section 12 of the Tamil Nadu Patta Passbook Act, 1983, provides for an appeal before the appellate authority.

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Heard learned counsel on either side and perused the records.

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We are of the considered opinion that if the petitioner is aggrieved by the encroachments made by respondents 5 and 6, then the petitioner should avail the remedy of filing an appeal under Section Page 3 of 6

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

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WP No.8554 of 2026

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12 of the Act of 1983. Liberty is granted to the petitioner to approach

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the appellate authority in accordance with law, subject to the law of limitation.

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Accordingly, with the aforesaid observation and liberty, this

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writ petition stands disposed of. There will be no order as to costs.

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(SUSHRUT ARVIND DHARMADHIKARI, CJ.) (G.ARUL MURUGAN, J.) 09.03.2026

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Index : Yes/No Neutral Citation : Yes/No tar

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Page 4 of 6

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

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WP No.8554 of 2026

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1.The District Collector Office of the District Collector, Ariyalur, Ariyalur District.

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2.The District Revenue Officer Office of the District Revenue Office, Ariyalur Ariyalur Taluk, Ariyalur District.

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3.The Thasildar

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Office of the Thasildhar-Ariyalur Taluk office, Ariyalur Taluk, Ariyalur District.

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3.The Block Development officer, Kavanur Panchayat Union Office of the Block Development office, Kavanur Village and Panchayat Union, Ariyalur Taluk, Ariyalur District.

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Page 5 of 6

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WP No.8554 of 2026

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THE HON'BLE CHIEF JUSTICE AND

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G.ARUL MURUGAN, J.

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(tar)