WP/37159/2026 of SHANMUGARAJAN RAVI Vs DISTRICT COLLECTOR on 21 September 2026

O R D E R

(Order of the Court was made by P.Velmurugan J.) Mr.B.Sivakollappan, learned Additional Government Pleader accepts notice for the respondents. With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner has filed the present writ petition challenging the impugned notice dated 29.06.2026 issued by the second respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as “the Act”), alleging unauthorised occupation of the land in S.No.383/2B, Erumaipalayam Village, Salem District and proposing eviction therefrom.

3. According to the petitioner, he purchased an extent of 2.79 acres in S.No.382/3, Erumaipalayam Village, Salem District, under a registered Sale Deed dated 06.06.2025. It is his further case that the adjacent extent of 1.21 acres in S.No.383/2B had been leased to his vendors and that the leasehold rights were subsequently transferred to him for a period of 100 years. He claims

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to have developed the land by planting coconut and other trees and by constructing a compound wall, where a small thatched shed already existed. The petitioner further states that, pursuant to the notice issued under Section 7 of the Act dated 01.06.2026, he submitted his explanation and appeared before the second respondent, but his explanation was not received, and thereafter the impugned notice under Section 6 of the Act came to be issued on 29.06.2026. Challenging the same, the petitioner has already preferred an appeal under Section 10 of the Act before the first respondent – District Collector, which is pending for consideration.

4. The learned Additional Government Pleader appearing for the respondents, on instructions, submitted that, having regard to the statutory remedy available under Section 10 of the Act, the petitioner has already invoked the same by preferring an appeal before the first respondent, and the said appeal is pending consideration.

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

6. Admittedly the petitioner has already invoked the statutory appellate remedy provided under Section 10 of the Act in respect of the very same

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proceedings, and the appeal is stated to be pending before the first respondent. In such circumstances, we are not inclined to entertain the present writ petition at this stage, particularly when the issues raised by the petitioner can be considered by the competent appellate authority in accordance with law.

7. Accordingly, this Writ Petition stands dismissed, leaving it open to the petitioner to pursue the statutory appeal already preferred by him. The first respondent is directed to consider and dispose of the said appeal on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner and all the interested parties, as expeditiously as possible.

8. 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

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To

1. The District Collector Office of District Collector, Fort Main Road, Salem - 636 001.

2. The Tahsildar Taluk Office, Salem Taluk, Kannankurichi Main Road, Gurukkal Colony, Manakkadu, Salem - 636 007.

3. The Inspector of Police Kichipalayam Police Station, Salem.

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P.VELMURUGAN J. AND GK.MUTHUKUMAAR J. ms W.P.No.37159 of 2026 and W.M.P.Nos.41732 and 41734 of 2026 21-09-2026

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