Madras High Court

WP/36665/2026 of GOVINDARAJ Vs THE DISTRICT COLLECTOR on 15 September 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-09-2026

CORAM

THE HON'BLE MR JUSTICE P. VELMURUGAN

AND

THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR

W.P.No.36665 of 2026 and

W.M.P.No.41095 of 2026

CNR: {HCMA012114032026}

Govindaraj, S/o. Velayutham,

Door No.1/235 Post Office Street,

Nannai Village, Kunnam Taluk,

Perambalur District. -621 717.

..Petitioner

Vs

1. The District Collector,

Office of the District Collector,

Perambalur, Perambalur District.

2. The Revenue Divisional Officer

Office of the Revenue Divisional officer, Perambalur, Perambalur District.

3. The Revenue Tahsildar, Office of the Tahsildar, Kunnam Taluk, Perambalur District.

4. The Village Administrative Officer

Village Administrative Office, Nannai East Village, Kunnam Taluk, Perambalur District.

..Respondent

Prayer: This Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of Writ of Certiorarified Mandamus, to call for the records on the file of the 3rd respondent, proceedings NIL, dated 03.08.2026 passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 and quash the same as illegal, incompetent and devoid of merit and further pass an order

directing the respondents not to take any coercive steps based on the Section 6

Notification depriving the petitioner’s lands in S.No.116, S.No.73 and S. No.88

Nannai Village, Kunnam Taluk, Perambalur District, Tamil Nadu-621 717.

For Petitioner:

Mr.Avinashwadhwani

For Respondent(s):

Mr.B.Sivakollappan, Additional Govt. Pleader

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ORDER

(Order of the Court was made by P.Velmurugan J.) This Writ Petition has been filed seeking to quash the proceedings dated 03.08.2026 passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, and to direct the respondents not to take any coercive steps based on the Section 6 Notification.

It is the grievance of the writ petitioner that he was issued with notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, (in short “the Act”) and he also offered his explanation for the same, but without considering the same the authority has issued Form 6 notice under the Act. Against which the writ petition also approached appellate authority under Section 10 of the Act and the same is pending for passing final orders.

Mr.B.Sivakollappan, learned Additional Government Pleader appearing for the respondents 1 to 4 would submit that as against the notice issued under Section 6 of the Act, the statutory appeal remedy is available under

Section 10 of the Act and the petitioner also invoked the same.

We have heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents 1 to 4 and perused the materials on record.

It is an admitted fact that as against the notice issued under Section 6 of the Act, the writ petitioner filed the statutory appeal invoking Section 10 of the Act and the same is pending before the authority.

Under such circumstances, we are not inclined to issue any directions as sought for by the writ petitioner. Accordingly this Writ Petition shall stand dismissed. However the petitioner is at liberty to workout his remedy before the appellate authority. The appellate authority shall dispose of the appeal filed by the writ petitioner under Section 10 of the Act within the reasonable time. Consequently connected miscellaneous petition stands closed. No costs. (P.V.,J.) (G.K.M.,J.) 15-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No cgi

To

1. The District Collector, Office of the District Collector, Perambalur, Perambalur District.

2. The Revenue Divisional Officer Office of the Revenue Divisional officer, Perambalur, Perambalur District.

3. The Revenue Tahsildar, Office of the Tahsildar, Kunnam Taluk, Perambalur District.

4. The Village Administrative Officer Village Administrative Office, Nannai East Village, Kunnam Taluk, Perambalur District.

P.VELMURUGAN, J. AND GK.MUTHUKUMAAR, J. cgi WP No. 36665 of 2026 15-09-2026

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