WP/36811/2026 of MR.ELUMALAI Vs THE DISTRICT COLLECTOR on 21 September 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-09-2026

CORAM

THE HON'BLE MR JUSTICE P. VELMURUGAN AND THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR W.P.Nos. 36811, 36816, 36818 and 36819 of 2026 CNR:{HCMA012006902026} and W.M.P.Nos.41262, 41265, 41267 and 41268 of 2026 W.P.No.36811 of 2026 Elumalai S/o.Babu Reddy ..Petitioner(s) Vs

Thiruvallur District.

Thiruvallur District. .. Respondent(s) WP No. 36816 of 2026 CNR:{HCMA012006912026} Ramalingam S/o.Babu Reddy

Vs

Thiruvallur District.

Thiruvallur District. ..Respondent(s) WP No. 36818 of 2026 CNR:{HCMA012006892026} Elizarasan Ganesan S/o.Ganeshan Palreddy ..Petitioner(s) Vs

Thiruvallur District.

Thiruvallur District. ..Respondent(s) W.P.No.36819 of 2026 CNR:{HCMA012006882026} Velayutham S/o.Babu Reddy

Vs

Thiruvallur District.

Thiruvallur District. ..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 relating to the impugned proceedings issued by the 3rd respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 in Na.Ka.No.23/2026/A1 dated 22.07.2026 in respect of the said property and quash the same and consequently direct the 1st respondent to consider and dispose of the petitioners’ statutory appeal dated 11.08.2026 after conducting a proper enquiry and affording the petitioners an opportunity of personal hearing and thereafter pass appropriate orders in accordance with law. For Petitioner(s): Mr.D.Ashok Kumar (in all W.Ps) For Respondent(s): Mr.K.Surendar, Special 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.) Mr.K.Surendar, learned Special Government Pleader accepts notice for the respondents. With the consent of both the parties, these Writ Petitions are taken up for final disposal at the admission stage itself.

2. The petitioners have filed the present writ petitions challenging the proceedings dated 22.07.2026 issued by the third respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as “the Act”), in Na.Ka.No.23/2026/A1, alleging encroachment in respect of the property comprised in S.No.230/4, Pattabiramapuram Village, Tiruttani Taluk, Thiruvallur District, measuring an extent of 2.28 acres, and proposing to evict the petitioners therefrom.

3. According to the petitioners, each of them has been in continuous possession of one cent of Government Poramboke land in S.No.230/4 for more than 50 years and is residing therein with their respective families, in houses stated to have been constructed by the Government. It is further stated that, in respect of their possession in the said land, a decree was passed in their favour in O.S.No.113 of 1977 dated 16.08.1979 on the file of the District Munsif

Court, Tiruttani, which has attained finality. Pursuant to the notice issued under Section 7 of the Act by the third respondent, the petitioners submitted their respective explanations. Thereafter, they preferred statutory appeals under Section 10(1) of the Act on 02.06.2026 before the first respondent, which are pending consideration. However, without disposing the said appeals or affording an effective opportunity of hearing to the petitioners, the impugned proceedings under Section 6 of the Act came to be issued, pursuant to which the petitioners apprehend eviction. Hence, the present writ petitions.

4. The learned Special Government Pleader appearing for the respondents, on instructions, submitted that, since the appeals preferred by the petitioners under Section 10(1) of the Act are pending consideration, the respondents would not take any further action in respect of the subject property till the disposal of the said appeals.

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

6. Since the petitioners have already availed the statutory appellate remedy under Section 10(1) of the Act and the said appeals are pending consideration before the first respondent, we are not inclined to entertain the present writ petitions at this stage. However, the first respondent is directed to consider and dispose of the appeals on their own merits and in accordance with law, after affording due opportunity of hearing to the petitioners and all other interested parties, as expeditiously as possible.

7. Till the disposal of the said appeals, the respondents shall not take any coercive steps against the petitioners in respect of the subject property.

8. With the above directions, these writ petitions stand disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. (P.V.,J.) (G.K.M.,J.) 21-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ms To

Thiruvallur District.

Thiruvallur District.

P.VELMURUGAN J. AND GK.MUTHUKUMAAR J. ms W.P.Nos. 36811, 36816, 36818 and 36819 of 2026 and W.M.P.Nos.41262, 41265, 41267 and 41268 of 2026 21-09-2026