Madras High Court
WP/37259/2026 of N.ANJALAI Vs The District Collector on 24 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-09-2026
CORAM
THE HON'BLE MR JUSTICE P. VELMURUGAN
AND
THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR
W.P.Nos.37259, 37262, 37273 and 37295 of 2026
CNR:{HCMA012195282026}
and
W.M.P.Nos.41839, 41840, 41841, 41845, 41846, 41847, 41855, 41857, 41860, 41886, 41887 and 41888 of 2026
W.P.No.37259 of 2026
N.Anjalai
W/o.Nataraj
..Petitioner(s)
Vs
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1. The District Collector Collectorate, Vengikkal, Tiruvannamalai – 606 604.
2. The Tahsildar, Tiruvannamalai Taluk, Tiruvannamalai – 606 601. ..Respondent(s) W.P.No.37262 of 2026 CNR:{HCMA012195292026} Poongavanam W/o. Arivazhagan ..Petitioner(s) Vs
1. The District Collector Collectorate, Vengikkal, Tiruvannamalai – 606 604.
2. The Tahsildar, Tiruvannamalai Taluk, Tiruvannamalai – 606 601. ..Respondent(s) WP No. 37273 of 2026 CNR:{HCMA012195302026} S.Lakshmi W/o.Sankar ..Petitioner(s) Vs
1. The District Collector Collectorate, Vengikkal, Tiruvannamalai – 606 604.
2. The Tahsildar, Tiruvannamalai Taluk, Tiruvannamalai – 606 601. ..Respondent(s) WP No. 37295 of 2026 CNR:{HCMA012195312026} Gowri W/o Sivapuri ..Petitioner(s) Vs
1. The District Collector Collectorate, Vengikkal, Tiruvannamalai – 606 604.
2. The Tahsildar, Tiruvannamalai Taluk, Tiruvannamalai – 606 601. ..Respondent(s) Common Prayer : Writ Petitions filed under Article 226 of the Constitution of India, seeking issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to Notice dated 17.08.2026, served on the petitioners on 27.08.2026, issued by the 2nd respondent under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 quash the same as being arbitrary illegal and contrary to the provisions of the Act and direct the authorities to grant patta pursuant to G.O.Ms.No.No.97 Revenue and Disaster management (LD-1(1)) Department dated 21.02.2025. For Petitioner(s): Mr.A.K.Sriram, Senior Counsel for Mr.M.A.Vimal Mohan (in W.P.Nos.37259, 37273 and 37295 of 2026) Mr.Srinath Sridevan Senior Counsel for Mr.M.A.Vimal Mohan (in W.P.No.37262 of 2026) For Respondent(s): Mr.Vijay Narayan, Advocate General assisted by Mr.M.Guruprasad State Government Pleader (in all W.Ps)
C O M M O N O R D E R (Order of the Court was made by P.Velmurugan J.) These writ petitions have been filed challenging the notice dated 17.08.2026, issued by the 2nd respondent – Tahsildar, Tiruvannamalai, under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 [hereinafter referred to as ‘the Act’] and seeking a consequential direction to the respondents to grant patta in terms of G.O.Ms.No.97, Revenue and Disaster Management (LD-1(1)) Department, dated 21.02.2025.
2. According to the petitioners, the subject premises are situated in S.F.No.10, Ward III, Old S.No.520, Tiruvannamalai, classified as “Kallankuthu”. They claim to have been in peaceful and continuous possession of their respective portions of the subject land, along with their families, for several decades, supported by various official records and documents. It is further stated that pattas have already been granted to several other individuals residing in the same locality and that the petitioners, along with other occupants have submitted applications seeking grant of patta in terms of G.O.Ms.No.97, Revenue and Disaster Management (LD-1(1)) Department, dated 21.02.2025, which are remain pending consideration before the competent authorities.
3. It is the further case of the petitioners that the impugned notice dated 17.08.2026 was served on them on 27.08.2026. Even prior to such service, a public banner was erected on 26.08.2026 calling upon the residents to vacate the premises within 30 days, failing which eviction proceedings would be initiated. According to the petitioners, they were not afforded an effective opportunity to place their documents and explain their longstanding occupation before the Monitoring Committee constituted pursuant to the directions of this Court in W.P.No.19880 of 2024. In the said writ petition, by order dated 29.08.2024, this Court directed the constitution of a Monitoring Committee headed by a retired Judge of this Court to examine the issue relating to encroachments in the Girivalapathai area in Tiruvannamalai Temple and to take appropriate further action in respect of the lands concerned.
4. The main grievance of the petitioners is that their residences are situated on land classified as “Kallankuthu” and not on the Girivalapathai or forest land. It is contended that the impugned proceedings have been initiated without considering the original classification of the land, its subsequent reclassification, and the applicability of G.O.Ms.No.97, Revenue and Disaster Management Department, dated 21.02.205, relating to consideration of patta in respect of eligible longstanding occupants of Kallankuthu land. Apprehending coercive eviction, the petitioners have approached this Court.
5. The learned Senior Counsel appearing for the petitioners submitted that the petitioners and several other similarly placed persons residing in the said locality have submitted their applications seeking grant of patta in respect of their respective portions of the subject land and that the said applications are yet to be considered. It is contended that without considering the said applications and the policy applicable to such occupants, the impugned notice has been issued, followed by the erection of a public banner calling upon the residents to vacate the premises. The learned Senior Counsel further submitted that the claim of the petitioners requires consideration with reference to the classification of the land as “Kallankuthu” its subsequent reclassification, the applicability of G.O.Ms.No.97, Revenue and Disaster Management Department, dated 21.02.2005, and the directions issued by this Court in W.P.No.19880 of 2024. It is therefore contended that the petitioners may not be dispossessed until their applications are duly considered and appropriate decisions are taken in accordance with law.
6. The learned Advocate General appearing for the respondents, on instructions, submitted that the subject matter is presently under consideration and that the Government would take an appropriate policy decision. He further submitted that, until such decision is taken, the petitioners and other similarly placed persons who are presently residing in the subject premises would not be evicted. The said submission is recorded.
7. We have considered the submissions made by the learned counsel for both sides and perused the materials available on record.
8. Admittedly, the impugned notice has been issued by the second respondent under Section 7 of the Act. At the same time, the applications submitted by the petitioners seeking grant of patta for the subject land are pending consideration. The learned Advocate General has also submitted that the Government is in the process of taking an appropriate policy decision with regard to the claims of the petitioners and similarly placed persons.
9. In view of the above facts and circumstances, and particularly having regard to the submission made by the learned Advocate General, these writ petitions are disposed of with a direction to the respondents that, till the applications submitted by the petitioners seeking grant of patta are considered and appropriate decisions are taken thereon, the respondents shall not take any coercive steps to dispossess or evict the petitioners from the subject premises. Upon consideration of the said applications and the decision to be taken by the competent authority, any further action, if warranted, shall be taken only in accordance with law and after following due process, keeping in view the directions issued by this Court in W.P.No.19980 of 2024. 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 Collectorate, Vengikkal, Tiruvannamalai – 606 604.
2. The Tahsildar, Tiruvannamalai Taluk, Tiruvannamalai – 606 601.
P.VELMURUGAN J. AND GK.MUTHUKUMAAR J. ms W.P.Nos.37259, 37262, 37273 and 37295 of 2026 and W.M.P.Nos.41839, 41840, 41841, 41845, 41846, 41847, 41855, 41857, 41860, 41886, 41887 and 41888 of 2026 24-09-2026