WP/40620/2026 of E.M.C. PALANIAPPAN Vs The District collector on 16 October 2026

Order

(Order of the Court was made by S.M.Subramaniam J.) The present writ petition has been instituted challenging the appellate order passed by the District Collector, Chengalpattu vide proceedings dated 17.08.2026 passed under Section 10 of the Land Encroachment Act, 1905. The petitioners claim that they are the absolute owners of the property along with their family members. The petitioners claim ownership in respect of the property situated at 98/49 and 98/90 situated at Kanathur Reddykuppam village measuring 2 acres and 7 cents. They claim that the property was purchased by way of registered sale deeds bearing Document Nos.2067 and 2068 of 2000 dated 15.04.2000 and 13.09.2001 respectively registered on the file of Sub Registrar Office, Thiruporur.

2. A writ petition has been instituted in W.P.No.13943 of 2021 for removal of encroachment in respect of the subject property. The High Court passed an order on 07.07.2021. In pursuance of the orders of the High Court, the revenue authorities issued a notice. The Tahsildar submitted a report on 25.10.2022. As per the report of the Tahsildar, the encroachments were identified and enforcement actions were initiated by the Tahsildar by issuing show cause notice affording opportunity to the encroachers and thereafter final notice under Section 6 of the Land Encroachment Act came to be issued. Consequently, the encroachment was removed on 05.11.2022. The first petitioner filed an appeal under Section 10 before the District Collector initially and since no action was taken on the Section 10 appeal, he approached this Court by filing a writ petition in W.P.No.9364 of 2025 and this Court passed an order on 19.08.2025. Thereafter, the District Collector conducted an enquiry and passed the impugned order dated 17.08.2026.

3. Learned counsel for the petitioners would mainly contend that no survey has been conducted before removal of encroachment. Though encroachments were removed on 05.11.2022, the petitioners claim ownership in respect of the land and Patta stands in their name. Therefore, the order of the District Collector is perverse. That apart, once the District Collector commenced the enquiry proceedings in the appeal and after his transfer, the successor incumbent District Collector concluded the enquiry and passed an order. In this regard, learned counsel would reiterate that the appellate authority who commenced the hearing in respect of the appeal alone must decide the appeal.

4. Learned Special Government Pleader would oppose by stating that, in pursuance to the order passed in W.P.No.13943 of 2021, the appellate authority conducted a survey and a detailed survey report was filed by the Tahsildar, Thiruporur on 25.10.2022. The said report was also considered by the District Collector while deciding the appeal. That apart, Section 7 notice was issued and the petitioners submitted their objections. Final notice under Section 6 came to be issued. Though they preferred an appeal in the year 2022, they have not pursued the appeal for three years and filed the further appeal on 11.11.2025 after a lapse of three years. However, the learned counsel for the petitioners brought to the notice of this Court that during the interregnum period, interim stay was granted by this Court and therefore, the appeal was not decided in the year 2022.

5. This Court has considered the rival submissions made between the parties to the lis.

6. A perusal of the affidavit would show that the petitioners claim ownership in respect of the subject land. Title or ownership cannot be decided either by the revenue authorities or by the writ court under Article 226 of the Constitution of India. Adjudication of disputed facts of civil nature is impermissible under Article 226 and would fall beyond the realm of the powers of judicial review. A trial nature proceedings are warranted to determine the title / ownership. Title is to be established through documents in original and evidences, and a trial nature of proceedings to be conducted, the writ court in exercise of the powers of judicial review, is not expected to conduct a roving enquiry and crystallise the civil rights between the parties.

7. The limited scope under the Tamil Nadu Land Encroachment Act, 1905 is that the revenue authorities, on identification of encroachment in Government Poramboke lands and government properties has to issue show cause notices under Section 7 based on the survey. An opportunity will be afforded to the encroachers to submit their explanation / defence statement if any along with the documents. The said explanation if any submitted, has to be considered by the competent authority and thereafter final notice under Section 6 of the Act is to be issued. Any aggrieved person may prefer an appeal under Section 10 of the Act.

8. In the present case, the Tahsildar submitted a report holding that there is an encroachment and enforcement action was completed. The appeal filed by the petitioners under Section 10 was also rejected. The District Collector considered the report of the Tahsildar regarding the survey conducted and rejected the same. More so, the petitioners claim title / ownership and if so, they have to approach the competent civil court for declaration.

9. Pertintently, the encroachment was removed on 05.11.2022 and for the past four years, the land vested with the Government and they are not in possession of the property. At this point of time, this Court need not adjudicate the issues regarding title as claimed by the petitioners. Granting liberty to the petitioners to approach the competent civil court of law to establish their title / ownership, the present writ petition stands dismissed. No costs.

10. Consequently, W.M.P.No.45566 of 2026 filed to permit the petitioners to file single writ petition is ordered subject to payment of separate court fee. W.M.P.No.45567 of 2026 is closed. (S.M.S.,J.) (B.K.,J.) 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST To The District collector Chengalpattu District Collectorate, GST Road , Chenglapattu 603 001

S.M.SUBRAMANIAM J. AND B.KARTHIKEYAN J. KST WP No. 40620 of 2026 16-10-2026