Madras High Court
WP/39204/2026 of Shanthi Vs THE DISTRICT COLLECTOR on 1 October 2026
WP No. 39204 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-10-2026
CORAM
THE HON'BLE DR JUSTICE G. JAYACHANDRAN
AND
THE HON'BLE MR.JUSTICE E.MANOHARAN
WP No. 39204 of 2026
CNR:{HCMA012285952026}
Shanthi
W/o. Anbalagan,
No. 3/20 Rangamuthanur,
A Thalaiyur Post,
Kaalikavundanpalayam,
Salem district-637 103.
..Petitioner
Vs
1. The District Collector
Salem District,
Salem.
2. The Revenue Divisional Officer
Sankagiri,
Salem District.
3. The Tahsildar,
Sankagiri Taluk,
..Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned Notice Na.Ka. 690/2026/T u/s. 6 of the Tamil Nadu Land Encroachment Act 1905 dated 16.09.2026 on the file of 3rd respondent and quash the same subsequently direct the 1st respondent to take necessary steps to change the classification of the land and to issue patta to the petitioner’s house situated in SF No. 55/3B, admeasuring to an extent of 0.0088.0 square meter
WP No. 39204 of 2026
situated at Kaalikavundanpalayam village, Sankagiri Taluk, Salem District.
For Petitioner:
Mr.N.Ranjith Kumar
For Respondents:
Mr.K.Surendar
Special Government Pleader
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ORDER
(Order of the Court was made by Dr.G.Jayachandran J.) The petitioner herein, who has encroached upon Government land classified as a playground as per the ‘A’ Register, has been served with a notice under Section 7, followed by a notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.
2. Being aggrieved by the final order of eviction issued under Section 6 of the Act, the petitioner has filed the present writ petition on the ground that she has been in occupation of the encroached portion for more than 50 years and has constructed a residence extending beyond the 2 cents of land for which she holds a patta. It is further contended that the village panchayat has another vacant site available for a playground and therefore, the petitioner pleads that the impugned order is bad in law.
3. The admitted fact is that the petitioner owns only 2 cents of land, but has put up a construction over and above her holding, thereby encroached upon the playground of the village. The extended construction on the
WP No. 39204 of 2026
playground has been measured and identified as 0.0088.0 square meter. Hence, after following due process of law, the notice has been issued for eviction.
4. The facts of the case clearly show that the petitioner, who was encroached upon the village panchayat playground, is not entitled to any protection on the ground of long enjoyment. Furthermore, if at all the petitioner is aggrieved and wants to canvas the merits of the case, the statute provides for an efficacious alternative remedy by way of filing an appeal before the District Collector. When such an efficacious alternative remedy is available, there is no necessity to entertain this writ petition. Hence, this Writ Petition stands dismissed. No costs. (Dr.G.J.,J.) (E.M.,J.) 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rpl To
1. The District Collector Salem District, Salem.
2. The Revenue Divisional Officer Sankagiri, Salem District.
3. The Tahsildar, Sankagiri Taluk,
WP No. 39204 of 2026
DR.G.JAYACHANDRAN J. and E.MANOHARAN J. rpl WP No. 39204 of 2026 01-10-2026