R.Varathan v. The District Collector

ORDER (Order of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.

¶2The petitioner was issued with an eviction order under Section 6 of the Land Encroachment Act by the Tahsildar, Srirangam. Aggrieved by the same, the petitioner filed W.P.(MD)No.3025 of 2020. This Court vide order dated 14.02.2020 relegated the petitioner to go before the District Collector, Triuchirappali. Accordingly, the petitioner filed an appeal before the District Collector, Tiruchirappalli on 24.03.2020. Vide proceedings dated 17.09.2020, the petitioner's appeal was dismissed and the jurisdictional Tahsildar was directed to evict the petitioner. Challenging the same, this writ petition has been filed.

¶3We perused the entries in the relevant revenue records. It is seen therefrom that the petition mentioned survey number has been classified as endowed property in favour of a temple. Of course, in certain columns, it has also been mentioned as Sarkar Poromboke. In more than one decision, it has been held that mere entries as "Sarkar Poromboke" will not make the land in question as a government land. What matters is the entry found in the remarks column. If it had been mentioned as temple, it is a temple property. In any event, this is an issue that has to be agitated between the petitioner on the one hand and Jambukeshwara Temple on the other. The petitioner has not arrayed the Jambukeshwara Temple as one of the respondents. Therefore, even while setting aside the impugned proceedings and holding that the Revenue Authority may not have any jurisdiction to decide the matter, we leave open the issue regarding title. It is for the petitioner to have the matter adjudicated by arraying the Jambukeshwara Temple as a respondent or defendant.

4.The Writ Petition is allowed with the above clarification. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S., J.) (R.P., J.)

30.03.2026 Index : Yes / No

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

1.The District Collector, Collectorate, Trichirappalli District, Trichirappalli.

2.The District Revenue Officer, Collectorate, Trichirappalli District, Trichirappalli.

3.The Tahsildar, Taluk Office, Srirangam, Trichirappalli.

4.The Zonal Deputy Tahsildar, Taluk Office, Srirangam, Trichirappalli.

G.R.SWAMINATHAN, J. AND

R.POORNIMA, J. rmi

30.03.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 30.03.2026 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA & W.M.P.(MD)Nos.11685 & 11687 of 2020 R.Varathan ... Petitioner Vs. 1.The District Collector, Collectorate, Trichirappalli District, Trichirappalli. 2.The District Revenue Officer, Collectorate, Trichirappalli District, Trichirappalli. 3.The Tahsildar, Taluk Office, Srirangam, Trichirappalli. 4.The Zonal Deputy Tahsildar, Taluk Office, Srirangam, Trichirappalli. ... Respondents 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 of the 1st respondent in Mu.Mu.Aa1/7387/2020 dated 17.09.2020 and quash the same as illegal and ultravires. For Petitioner : Mr.M.Ashok Kumar For Respondents : Mr.T.Amjad Khan Government Advocate