Madras High Court

WP/39204/2026 of Shanthi Vs THE DISTRICT COLLECTOR on 1 October 2026

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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

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