Madras High Court
WP/47315/2025 of N.SANTHA Vs THE DISTRICT COLLECTOR on 6 October 2026
W.P.No.47315 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-10-2026
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
W.P.No.47315 of 2025
CNR:{HCMA012795102025}
N.Santha
… Petitioner
-vs-
1. The District Collector
Collectorate, Erode District.
2. The Revenue Divisional Officer,
Thalavadi, Revenue Divisional Office,
Chidambaram Colony,
Erode District – 638 001.
3. The Tahsildar, Thalavadi,
The Taluk Office, Thalavadi,
Erode District – 638 461.
4. The Block Development Officer Thalavadi, Thalavadi, Erode District – 638 561.
5. Father Mariya Joseph,
Chimitahalli Church, Chimitahalli Post,
Thavadi, Erode District – 638 461.
6. Sithan
7. Shivanna
… Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, directing the Respondents 1 to 4 to remove the encroachment made by the Respondents 5 to 8 in the Public Cart Track situated at S.No.440/6, Madahalli Village, Thalavadi Taluk, Erode District.
W.P.No.47315 of 2025
For Petitioner:
Mr.A.Gokula Krishnan
For Mr.K.Sasindran
For Respondents:
Mr.R.Hashwanth, GA for R1 to R3
Dr.Father Xavier Arul Raj,
Senior Counsel
For M/s.Father Xavier Associates for R5
Mr.M.Gokul
for Mr.M.Dinesh for R6
NA for R4 & R7
*****
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O R D E R
(Order of the Court was made by S.M.Subramaniam,J.) Writ of Mandamus has been instituted for a direction to the Respondents 1 to 4 to remove the encroachment made by the Respondents 5 to 8 in the Public Cart Track situated at Survey No. 440/6 Madahalli Village Thalavadi Taluk Erode District.
2. Learned Government Advocate appearing for R1 to R3, on instructions from Authorities would submit that encroachments were identified. Notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 has been issued. After affording opportunity of hearing, Section 6 Notice also appears to have been issued.
3. In view of the above submission, it is clear that final notice under Section 6 has already been issued. Thus, competent Authorities are bound to remove encroachments by following procedures as contemplated under relevant provisions of Act and Rules. The entire
W.P.No.47315 of 2025
exercise is directed to be completed within a period of eight weeks from the date of receipt of a copy of this order. With the above directions, the present Writ Petition is disposed of. No costs. (S.M.S.,J.) (R.R.V.,J.) 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AR To:
1. The District Collector Collectorate, Erode District.
2. The Revenue Divisional Officer, Thalavadi, Revenue Divisional Office, Chidambaram Colony, Erode District – 638 001.
3. The Tahsildar, Thalavadi, The Taluk Office, Thalavadi, Erode District – 638 461.
4. The Block Development Officer Thalavadi, Thalavadi, Erode District – 638 561.
W.P.No.47315 of 2025
S.M.SUBRAMANIAM,J. AND R.RAJESH VIVEKANANTHAN,J. AR W.P.No.47315 of 2025 06-10-2026