WP/37555/2026 of Apache Gounder Vs The District Collector on 23 September 2026

ORDER

(Order of the Court was made by P.Velmurugan J.) With the consent of both sides, the writ petition is taken up for final hearing at the admissions stage itself.

2. This Writ Petition is filed challenging the notice passed by the second respondent dated 25.08.2026 under Section 6 of Tamil Nadu Land Encroachment Act, 1905 (Act III of 1905) directing the Petitioner to vacate from the petitioner’s land in Survey No.164/1 measuring an extent of 3 cents situated at Sikkarasampalayam Village, Erode District.

3. It is the contention of the petitioner that he is in peaceful possession and enjoyment of lands in Survey No.163 situated at Sikkarasampalayam Village, Sathyamangalam Village and also paying assessment tax for the same. The petitioner’s neighbour gave a complaint to the second respondent stating that the petitioner is encroaching the public pathway. In this regard the petitioner has filed a suit in O.S.No.92 of 2026 on the file of the District Munsif, Sathyamangalam and the same is pending. The contention of the

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WP No. 37555 of 2026

petitioner is that, pending suit, the second respondent surveyed the subject land without issuing notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as “the Act”), to the petitioner. However, a summon dated 11.06.2026, was issued to the petitioner stating that a show cause notice was issued under Section 7 of the Act and the petitioner was directed to provide explanation. It is alleged that as the petitioner was undergoing treatment and suit was pending, he was not permitted to take part in the survey and hence he requested to differ the decision till the disposal of the pending suit. It is alleged that without considering the request of the petitioner, the second respondent had issued a notice under Section 6 of the Act and informed the petitioner that he is in unauthorized occupation of the aforesaid land and directed the petitioner to vacate the land.

4. The learned counsel for the petitioner would submit that the notice under Section 6 of the Act was issued without applying the mind and without considering the request of the petitioner. It is contended by the learned counsel for the petitioner that notice under Section 7 of the Act was not issued and notice under Section 6 of the Act was issued in a printed format by filling the blanks and was issued by an Officer who was not authorized by the Act and without authority. Hence, the impugned order is illegal, improper and unsustainable.

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WP No. 37555 of 2026

5. Heard both sides and perused the materials available on record.

6. Since the impugned order has been passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, the petitioner has an effective statutory remedy of appeal under Section 10 of the said Act. Without availing the said statutory remedy, the petitioner has approached this Court by filing the present writ petition. In view of the availability of an efficacious alternative statutory remedy, we are not inclined to entertain the present writ petition. However, the petitioner is at liberty to avail the remedy available under Section 10 of the said Act, in accordance with law.

7. Accordingly, the writ petition is dismissed. No costs. Connected miscellaneous petition is closed. (P.V.,J.) (G.K.M.,J.) 23-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No BKN

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WP No. 37555 of 2026

To:

1. The District Collector Erode District, Erode.

2. The Revenue Tahsildar Sathyamangalam Taluk, Sathyamangalam, Erode.

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WP No. 37555 of 2026

P.VELMURUGAN, J. AND GK.MUTHUKUMAAR, J. BKN WP No. 37555 of 2026 23-09-2026

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