R.Hemalatha v. The Secretary to the Government

O R D E R (Order of the Court was made by G.Jayachandran J.) The petitioner, being aggrieved by the proceedings of the District Collector dated 15.07.2026 directing the Tahsildar, Avadi to evict the encroachers, has approached this Court stating that the land in dispute is in her possession for more than 30 years and only recently she came to know that her vendor had cheated her by mentioning a wrong survey number. Therefore, request made for issuance of patta for the land in her possession, which she got through a sale deed. Pending representation and the writ petition to that effect, the impugned eviction notice been ordered.

¶2The Learned Special Government Pleader appearing for the respondents states that about 6.52.45 hectares of Government Poramboke land in old S.No.242/1 found encroached by various persons, some of them have constructed commercial buildings and let out for rent and few were residing in the building constructed for residential purposes. Pursuant to the direction of this Court in W.P.No.11578 of 2025, the Divisional Monitoring Committee headed by the Revenue Divisional Officer, Thiruvallur, made a survey of S.No.242/1 and identified the encroachers, the extent of encroachment as well Page Nos.2/5 as the nature of construction. In the course of survey and enquiry, it was found that the petitioner herein has constructed three shops and one house, and all let out for rent. Therefore, she is not entitled to grant of house site patta. Therefore, the District Collector had instructed the Tahsildar to evict the encroachers, otherwise than those who have put up residential buildings and residing in that buildings.

¶3The Learned Counsel appearing for the petitioner submits that apart from the shops mentioned in the impugned order, the house portion of the building is occupied by the petitioner herein. In support of his submission, house tax receipts and electricity consumption cards been produced. However, these two documents are not proof of residence. During the course of enquiry, the petitioner has participated and had not produced any document to show that she is residing in the said premises. Even now, in the affidavit and typed set of papers, no document produced for proof of residence in the said premises. Thus, it is clear that the petitioner, who has encroached upon the Government Poramboke Thoppu, has put up construction and let it out for rent to carry on commercial activities. Hence, she cannot be considered for any relief which means for landless and houseless poor marginal citizens. Page Nos.3/5

¶4We therefore find no merit in this writ petition. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. (Dr. G.JAYACHANDRAN, J.) & (E.MANOHARAN, J.) 13-08-2026 Index :Yes/No. :Yes/No. Speaking/Non-speaking order bsm To,

1.The Secretary to the Government Department of Revenue, Chennai.

2.The District Collector, Thiruvallur District, Thiruvallur.

3.The Tashildar, Avadi. Page Nos.4/5 W.P.No.31930eofe2026 Dr.oG.JAYACHANDRAN,oJ. AND E.MANOHARAN,oJ. bsm W.P.No.31930oofo2026 and W.M.P.No.35119oofo2026 13-08-2026 PageeNos.5/5

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-08-2026 CORAM THE HONOURABLE DR JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MR.JUSTICE E.MANOHARAN and W.M.P.No.35119 of 2026 R.Hemalatha, w/o.R.Ramalingam, No.24, Eittiamman Nagar, North Mada Cross Street, Thirumullaivoyal, Thiruvallur District. … Petitioner Vs. 1. The Secretary to the Government, Department of Revenue, Chennai. 2.The District Collector, Thiruvallur District, Thiruvallur. 3.The Tashildar, Avadi. … Respondents Prayer: Writ Petition has been filed under Article 226 of the Constitution of India, to issue Writ of Certiorarified Mandamus, to call for the records in Na.Ka.No.4594424/2026/N1 dated 15.07.2026 passed by the 2nd respondent and its consequential order in Na.Ka.1632/2024/AA1 dated 20.07.2026 passed by the 3rd respondent and set aside the same and consequently direct the respondent to issue patta to the petitioner. Page Nos.1/5 For Petitioner: Mr. M.Aswin For Respondents: Mr. K.Surendar, Special Government Pleader