N.Janmgamareddi v. The District Collector

JUDGMENT (Judgment of the Court was delivered by the Hon'ble Chief Justice) This writ appeal, filed under Clause 15 of the Letters Patent, assails the order dated 04.09.2023 passed in WP No.9891 of 2018; whereby the learned Single Judge has dismissed the claim made by the appellants for patta, by passing the following order: "3. Hence, the petitioners are encroachers and the extent of encroachment is about 1.47.5 Hectares, which is about 3.6 Acres. In the event of allowing the encroachment to the larger extent in respect of the Government land, the same would cause prejudice to the interest of the public. Assignment of Government Lands are to be made scrupulously following the terms and conditions stipulated under the welfare scheme and to the land less poor people. Eligibility criteria fixed under the scheme is to be followed even for assignment of the land.

¶4However, in the present case, the petitioners have encroached the Government lands extending 3.6 acres. Thus, the order of rejection issued by the District Collector, Erode is in consonance with the principles and there is no infirmity as such. The respondents are directed to conduct field inspection and initiate action to evict the encroachers and retain the Government land for public usage in the manner contemplated. The aforesaid exercise is directed to be completed within a period of four(4) weeks from the date of receipt of a copy of this order."

¶2Learned Counsel for the appellants/writ petitioners submitted that the appellants are enjoying the said property since 1962 onwards and they have been paying necessary charges for the same. Therefore, learned Single Judge has committed error in dismissing the writ petition.

¶3Learned counsel for the respondents submitted that as per the "A" Register, entire land situated in S.No.46 is shown as 'Road Poromboke'. Therefore, there is no question of grant of patta to the appellants and that the learned Single Judge has rightly dismissed the writ petition.

¶4Heard learned counsel for the parties and perused the records.

¶5From the 'A' Register, it is seen that the S.No.46 is classified as 'Road poromboke'. When an area is classified as 'road poromboke', there cannot be any encroachment. The appellants have failed to produce any document in support of their claim. Learned Single Judge has not committed any error in dismissing the writ petition. The writ appeal, being bereft of materials and substance, is hereby dismissed. There will be no order as to costs. Consequently, CMP Nos.17196 and 171797 of 2026 are closed. (SUSHRUT ARVIND DHARMADHIKARI, CJ.) (G. ARUL MURUGAN, J.)

20.07.2026

Index : Yes/No : Yes/No tar To

1.The District Collector Erode, Erode Dist 638 011

2.The District Revenue Divisional Officer Erode 638 011

3.The Revenue Divisional Officer Gobchettipalayam 638 452

4.The Tahsildar Office of the Tahsildar, Anthiyur Taluk, Erode Dist 638 501

5.The Inspector of Land Revenue Ammapet, Salem 636 003. THE HON'BLE CHIEF JUSTICE AND G. ARUL MURUGAN

, J.

(tar)

20.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.07.2026 CORAM THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G. ARUL MURUGAN 1.N.Janmgamareddi 2.J.Chandrasekaran both residing at Thottikinaru, Komarayanur Village, Anthiyur Tk, Erode Dist. : Appellants Versus 1.The District Collector Erode, Erode Dist 638 011 2.The District Revenue Divisional Officer Erode 638 011 3.The Revenue Divisional Officer Gobchettipalayam 638 452 4.The Tahsildar Office of the Tahsildar, Anthiyur Tk, Erode Dist 638 501 5.The Inspector of Land Revenue Ammapet, Salem 636 003. : Respondents Prayer: Appeal filed against the order dated 04.09.2023 in WP No. 9891 of 2018. For Appellants : Ms.R.Priyadharshini For Respondents : Mr.M.Guruprasad, Government Advocate