Saroja v. The Additional Chief Secretary to the Government

ORDER (Order of the Court was made by G.R.SWAMINATHAN, J.) Admittedly, the writ petitioners have encroached on a salai poromboke. Eviction orders were passed against them and their appeals were also dismissed. The petitioners filed revision petition before the Government. Vide order dated 30.05.2023 in G.O.(Ms)No.255, Revenue and Disaster Management Department Land Disposal Wing, LD.6(2) Section, the revision was also dismissed. Paragraph Nos.5 & 6 read as follows- "5. The revision petition filed by Thiru.S.Jaganathan and 7 others was examined in the light of the report of the District Collector, Kanyakumari and connected records and the following findings have been arrived at:- i. The land in S.No.D9/74 with an extent of 0.20.36 Hectare of Kuzhithurai Town Village is a salai poramboke. ii. This salai poramboke land encroachments are highly objectionable one. iii. This salai poramboke land is required for Government for future use and extension of road. iv. This encroached salai poramboke is causing hindrance to Public even emergency vehicle is also could not pass to neighbour patta land holders.

¶6In view of the above findings, the Government have decided to reject the revision petition filed by Thiru.S.Jaganathan and 7 others under Section 10A(1)(c) of TNLEA, 1905 against the orders dated 06.11.2019 passed by the District Collector, Kanyakumari District as devoid of merits and issue orders accordingly." The petitioners are unable to dislodge the factual findings set out in the aforesaid GO.

¶2We do not find any ground to interfere. It is true that an order was made in W.P.(MD)No.12821 of 2017 directing the removal of the encroachment in T.S.No.D9/74. But we need to take note of the current reality. On account of formation of a bridge as well as the national highway, the original salai poromboke appears to have lost its original purpose. Probably, that encouraged the encroachers. Be that as it may, even though we have held that the writ petitioners do not have any right whatsoever and we have also dismissed the writ petitions filed by them against the order passed by the Government, it is open to the authorities not to enforce them if it does not affect public interest or the rights of any private individual.

¶3The Writ Petitions are dismissed with the aforesaid observations. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S., J.) (R.P., J.)

02.06.2026 Index : Yes / No

Internet : Yes / No NCC : Yes / No rmi To

1.The Additional Chief Secretary to the Government, Revenue and Disaster Management Department, St.George Fort, Chennai.

2.The District Collector, Kanyakumari District at Nagercoil, Nagercoil-1, Kanyakumari District.

3.The Tahsildar, Vilavancode Taluk, Kuzhithurai, Kanyakumari District. W.P(MD)eNos.805etoe811eofe2024 G.R.SWAMINATHAN,oJ. AND R.POORNIMA,oJ. ormi ooo W.P(MD)oNos.805otoo811oofo2024

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W.P(MD)eNos.805etoe811eofe2024 BEFOREoTHEoMADURAIoBENCHoOFoMADRASoHIGHoCOURTo Dateoo:o02.06.2026 CORAM THEoHONOURABLEoMR.JUSTICEoG.R.SWAMINATHAN ANDo THEoHONOURABLEoMS.JUSTICEoR.POORNIMA W.P(MD)oNos.805otoo811oofo2024 and W.M.P.(MD)Nos.801,o802,o803,o804,o805,o806,o808,o809,o810,oo811,o812,o 813,o815,o818,o821,o827,o829,o830,o834,o835o&o836oofo2024 Saroja oooooooooooooooooooooo...oPetitioner oooinoW.P.(MD)No.805oofo2024 Santhi ...oPetitioner oooinoW.P.(MD)No.806oofo2024 Sisil oooooooooo...oPetitioner oooinoW.P.(MD)No.807oofo2024 Noorjahan ...oPetitioner oooinoW.P.(MD)No.808oofo2024 Anchilal ...oPetitioner oooinoW.P.(MD)No.809oofo2024 Jeganathan ...oPetitioner oooinoW.P.(MD)No.810oofo2024 Nesamoni ...oPetitioner oooinoW.P.(MD)No.811oofo2024 Vs. ooooooo 1.TheoAdditionaloChiefoSecretaryotootheoGovernment, oooRevenueoandoDisasteroManagementoDepartment, oooSt.GeorgeoFort, ooChennai. 2.The District Collector, Kanyakumari District at Nagercoil, Nagercoil-1, Kanyakumari District. 3.The Tahsildar, Vilavancode Taluk, Kuzhithurai, Kanyakumari District. ... Respondents in all Writ Petitions COMMON PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the impugned order passed by the first respondent herein in G.O.(Ms)No.225, Revenue and Disaster Management Department, dated 30.05.2023 served by the third respondent on 10.11.2023 and quash the same as illegal. For Petitioner : Mr.V.Meenakshi Sundaram For Respondents : Mr.M.P.Senthil Government Advocate (in all W.Ps.) for R1 to R3