- Court
- High Court of Madras
- Decided
- 20 April 2026
- Bench
- S. M. Subramaniam, K. Surender
- Case no.
- WP 2577/2024
Judgment
Order (Order of the Court was made by S.M.Subramaniam J.) The present Writ of Declaration has been filed seeking to declare the act of the 2nd respondent in demolishing the construction measuring 26 X37 feet., i.e. 962, sq.ft. in the land measuring 215 feet(East to West) and 70 feet(North-South), totally 15050 sq. ft(1323 sq.mtrs) disconnecting, EB service connection No.207, in the property bearing old Grama Natham Survey No. 222/4(part), subsequently assigned the New Grama Natham Survey No. 222/1 presently forming part of New S.No.222/1 of Thirupachur Revenue Village, Thiruvallur Taluk and District, citing the order in Na.Ka.No.8207/2023/A1 dated -/01/2024(signed on 23.1.2024) is illegal, without authority and jurisdiction, and consequentially direct the respondents to re-construct Page3 of 6 the aforesaid demolished extent of constructions.
¶2Learned counsel for the petitioner would submit that the petitioner is in occupation of the land which is classified as natham for several years. The construction work started by him was demolished by the authorities on the ground that the land has not been assigned by the Government. The petitioner claims ownership in respect of the subject land measuring to an extent of 32.5 cents. Learned counsel for the petitioner would submit that the petitioner possess documents to establish his ownership.
¶3Learned Additional Government Pleader would oppose by stating that the subject land has been classified as natham and it is earmarked for public usage. Already, the Tahsildar, Tiruvallur, has passed an order stating that the said natham land will be utilised for construction of public library and a community hall for the benefit of people residing in that locality. When the government has utilised the natham land for public purpose and the said land has not been assigned in favour of the petitioner, he cannot claim right.
¶4This Court is of the considered view that the ownership or title cannot be adjudicated by the Writ Court nor the revenue authorities are competent to declare title in respect of the property. As per the review revenue records, the competent authority arrived at a conclusion that it is natham land and earmarked for public purposes. Accordingly, they Page4 of 6 have identified the encroachments and removed the same. Unauthorised construction commenced has also been demolished. If at all the petitioner claims any title/ownership in respect of the subject land, he has to approach the competent Civil Court for the purpose of establishing his title, by impleading all necessary parties including the government authorities, based on the documents and evidence available on record. As of now, the revenue authorities have already demolished the construction and taken possession of the land. As far as natham land is concerned under RSO 21, the Government is empowered to regulate. Under RSO 26, encroachments if any identified, can be removed by initiating eviction proceedings under the provisions of Tamilnadu Land encroachments Act, 1905.
¶5That being the legal position, the petitioner has not established any right to consider the relief as sought for in the writ petition. Consequently, the Writ Petition stands dismissed. No costs. The connected miscellaneous petitions are closed.
(S.M.S.,J.) (K.S.,J.) 20-04-2026 Index: Yes/No Speaking/Non-speaking order vsi Page5 of 6 To
¶1The District Collector, Thiruvallur.
¶2The Tahsildar, Thiruvallur Taluk, Thiruvallur.
¶3The President, Thirupachur Panchayat, Thiruvallur Taluk and District.
¶4Mr.Sureshkumar, The Tahsildar, Thiruvallur Taluk , Thiruvalur. WPoNo.o2577oofo2024 S.M.SUBRAMANIAMeJ. AND K.SURENDEReJ. vsi WPeNo.e2577eofe2024 20-04-2026 Page6oofo6
Case details
Parties and counsel
2026:MHC:1551 Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-04-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER and WMP No. 2824 & 2826 of 2024 B.Ravi, S/o. Balasubramaniam, 1/87 Karuneegar Street, Old Thirupachur Village, Thiruvallur Taluk And District. ..Petitioner(s) Vs 1. The District Collector, Thiruvallur. 2. The Tahsildar, Thiruvallur Taluk, Thiruvallur. 3. The President, Thirupachur Panchayat, Thiruvallur Taluk And District. 4. Mr.Sureshkumar, The Tahsildar, Thiruvallur Taluk , Thiruvalur. ..Respondent(s) To declare the act of the 2nd respondent in demolishing the construction measuring 26 X37 feet., i.e. 962, sq.ft. in the land measuring 215 feet(East to West) and 70 feet(North-South), totally 15050 sq. ft(1323 sq.mtrs) disconnecting, EB service connection No.207, in the property bearing old Grama Natham Survey No. 222/4(part), subsequently assigned the New Grama Natham Survey No. Page2 of 6 222/1 presently forming part of New S.No. 222/1 of Thirupachur Revenue Village, Thiruvallur taluk and District, citing the order in Na.ka.No. 8207/2023/A1 dated -/01/2024(signed on 23.1.2024) is illegal, without authority and jurisdiction, and consequentially directing the respondents to re-construct the demolished extent of constructions aforesaid For Petitioner(s): Mr.R.Selvakumar For Respondent(s): Mr.T.Arunkumar, Addl.g.P. for R1 to R3 No appearance for R4.
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