WP/37245/2026 of Sathya Vs The District Collector on 24 September 2026

O R D E R

(Order of the Court was made by P.Velmurugan J.) The petitioners have filed the present writ petition challenging the impugned notice dated 16.07.2026 issued by the fourth respondent.

2. According to the petitioner, they are bond fide purchasers and are in possession and enjoyment of their respective portions in S.No.222/5, Sellappillai Kuttai Village, Omalur Taluk, Salem District, under registered sale deeds dated 21.01.2010, 21.12.2011 and 02.07.2024. It is stated that pursuant to the order dated 01.08.2025 passed in W.P.No.24633 of 2024, a survey was conducted and the survey report was forwarded to the parties. However, without properly considering their title and possession, the fourth respondent has issued the impugned notice treating them as encroachers and calling upon them to remove the alleged encroachments. The main grievance of the petitioners is that the fourth respondent has no jurisdiction to issue such notice. Hence, the present writ petition.

3. Mr.K.Surendar, learned Special Government Pleader, who accepts notice for the respondents, on instructions, submitted that pursuant to the directions issued by this Court in W.P.No.24633 of 2024, a survey was conducted and a report was submitted. According to the said report, encroachments were found in S.No.222/5 and the petitioners were found to be in possession and enjoyment of subject property without obtaining the requisite permission. Based on the survey report and the instructions of the Tahsildar, the fourth respondent – Block Development Officer has issued the impugned notice calling upon the petitioners to remove the encroachments and the buildings or constructions put up thereon within seven days from the date of receipt of the notice.

4. We have considered the submissions made by the learned counsel appearing on either side and perused the materials available on record.

5. Admittedly, the impugned notice has been issued pursuant to the survey conducted in compliance with the order dated 01.08.2025 in W.P.No.24633 of 2024. The survey report is stated to have disclosed encroachments in the subject property and that the fourth respondent has called upon the petitioners to remove the alleged encroachments and the constructions thereon within the stipulated time. In such circumstances, the issuance of the impugned notice, pursuant to the survey report and the directions of this Court, cannot be said to be without jurisdiction. We find no ground to interfere with the same.

6. Accordingly, the Writ Petition stands dismissed. The petitioners shall comply with the impugned notice dated 16.07.2026 within seven days from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. (P.V.,J.) (G.K.M.,J.) 24-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ms To

1. The District Collector Salem, Salem District.

2. The Revenue Divisional Officer Mettur Taluk, Salem District.

3. The Tahsildar Omalur Taluk, Salem District.

4. The Block Development Officer (Village Panchayat) Omalur Taluk, Salem District.

P.VELMURUGAN J. AND GK.MUTHUKUMAAR J. ms W.P.No.37245 of 2026 and W.M.P.Nos.41827 and 41828 of 2026 24-09-2026 (1/2)