Madras High Court
WP(MD)/1408/2026 of Palpandi Vs The District Collector on 8 October 2026
WP(MD) No. 1408 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08-10-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MRS.JUSTICE M.D.SUMATHI
WP(MD) No. 1408 of 2026
and
W.M.P.(MD)No.1127 of 2026
CNR:{HCMD010057022026}
Palpandi
S/o.Marimuthu,
2/7, South Street,
Manjur, Paramakudi Taluk,
Ramanathapuram District.
..Petitioner(s)
Vs
1. The District Collector
Ramanathapuram District.
2. The Sub Collector
Paramakudi, Ramanathapuram District.
3. The Thasildar
Paramakudi Taluk,
Ramanathapuram District.
4. The Block Development Officer
Bogalur Panchayat Union,
Ramanathapuram District.
5. Mari
S/o.Sonai,
South Street,
Manjur, Paramakudi,
Ramanathapuram District.
6. Murugesan
S/o.Govindhan,
WP(MD) No. 1408 of 2026
South Street,
Manjur, Paramakudi,
Ramanathapuram District.
7. Vadivel
S/o.Muniyandi,
South Street,
Manjur, Paramakudi,
Ramanathapuram District.
8. Muniyasami
S/o.Manthan,
South Street,
Manjur, Paramakudi,
Ramanathapuram District.
..Respondent(s)
Prayer : Writ Petition, filed under Article 226 of the Constitution of India, to issue a Writ of MANDAMUS, to direct the respondents No.1 to 4 to remove the encroachment made by the respondents 5 to 8 in Survey No.303/3 and 303/32 on South Street, Manjur Village Panchayat, Paramakudi Taluk, Ramanathapuram District within the period that may be stipulated by this Court.
For Petitioner(s):
M/s.V.Bharkavi
For Respondent(s):
Mr.M.Kannan,
Special Government Pleader
for R-1 to R-3.
Mr.R.Rajarishi for R-5 to R-8.
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ORDER
(Order of the Court was made by G.R.Swaminathan J.) Heard both sides.
WP(MD) No. 1408 of 2026
2. The writ petitioner is a resident of Manjur Village in Paramakudi Taluk. He alleges that the private respondents herein have committed encroachment on the petition mentioned street.
3. When the matter was taken up for hearing, it was brought to our notice that the Tahsildar, Paramakudi Taluk had already issued notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905. However, further steps could not be taken because questioning the Section 7 notice, the private respondents have preferred appeals before the District Collector, Ramanathapuram.
4. We have held in many decisions that an appeal against notice under Section 7 of the Tamil Nadu Land Encroachment Act will not lie. Section 10 of the Tamil Nadu Land Encroachment Act contemplates an appeal being preferred against a decision or an order. A notice under Section 7 of the Act will not fall within the sweep of the term “decision” or “order”. Even though the appeal is not maintainable, we are surprised to note that the District Collector, Ramanathapuram had been calling for reports from the jurisdictional Tahsildar. We wish that the District Collector, Ramanathapuram has received better legal advice. We would request the
WP(MD) No. 1408 of 2026
Commissioner of Land Administration to send a circular to all the District Collectors informing them that an appeal under Section 10 of the Act against a mere notice under Section 7 of the Act will not be maintainable.
5. Therefore, the Tahsildar, Paramakudi Taluk can safely ignore the pendency of the said appeal. We call upon the Tahsildar to conclude the process that had been initiated already within a period of two months from the date of receipt of a copy of this order. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S.,J.) (M.D.S.,J.) 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PMU To
1. The District Collector Ramanathapuram District.
2. The Sub Collector Paramakudi, Ramanathapuram District.
3. The Thasildar Paramakudi Taluk, Ramanathapuram District.
4. The Block Development Officer
WP(MD) No. 1408 of 2026
Bogalur Panchayat Union, Ramanathapuram District. G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. PMU WP(MD) No. 1408 of 2026 08-10-2026