WP/35985/2026 of Jayabalan Vs THE DISTRICT COLLECTOR on 10 September 2026

ORDER

(Order of the Court was made by Dr.G.Jayachandran J.) This Writ Petition has been filed by the occupier of the lands Survey Nos.84/13A1 and 84/13B1 of Pottanam Village, Sendhamangalam Village, Namakkal District.

2. The petitioner claims that the lands in the above said survey numbers are his patta lands. However, terming the said lands as a cart track and a road junction, the respondent authorities issued a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905. Though the notice is issued under Section 7, its contents reveals that the authorities have pre-decided the nature of the occupation as unauthorized and a summary eviction has been ordered without affording the petitioner an opportunity to give an explanation to the show-cause notice, as contemplated under Section 7 of the Act.

3. The learned Special Government Pleader appearing for the respondents, pursuant to the impugned notice dated 24.07.2026, submits that though the impugned notice issued under Section 7 does not indicate an opportunity for explanation, it will be treated as a prior notice to the person in occupation. He further submits that if writ petitioner/occupier submits an explanation treating the same as a show-cause notice, it will be considered and appropriate orders will be passed in accordance with law and on merits.

4. In this writ petition two crucial issues been raised by the writ petitioner: firstly, the dispute regarding the classification and nature of the property as found in the impugned Section 7 notice and secondly, the lack of opportunity and deprivation of natural justice principles.

5. To appreciate the mandatory requirement of law, it is relevant to extract Section 7 of the Tamil Nadu Land Encroachment Act, 1905, which reads as follows: “7. Prior notice to person in occupation.- Before taking proceedings [under Section 6] the Collector [or Tahsildar (or Deputy Tahsildar or Revenue Inspector or any authorised officer or [any other officer specified by the State Government in this behalf (not being an authorised officer) (hereinafter referred to as the ‘specified officer’) as the case may be] shall cause to be served on the person reputed to be in unauthorised occupation of land being [the property of Government] a notice specifying the land so occupied and calling on him to show cause before a certain date why he should not be proceeded against [under Section 6]

Such notice shall be served in the manner prescribed in Section 25 of the [Tamil Nadu] Revenue Recovery Act, 1864, or in such other manner as the [State Government] by rules or orders under Section 8 may direct: [Provided that no such notice shall be necessary in the case of any person unauthorisedly occupying any land, if he has been previously evicted from such land under Sectin 6 or if he has previously vacated such land voluntarily after the receipt of a notice under Section 5-B or under this Section: Provided further that where the notice under this Section is caused to be served by any Revenue Inspector or [any specified officer], he shall require the person reputed to be in unauthorised occupation of the land to show cause against such notice to the Collector, Tahsildar [Deputy Tahsildar or authorised officer having jurisdiction, as the case may be] and shall also make a report in writing containing such particulars as may be specified in rules or orders made under Section 8 to the Collector, Tahsildar [Deputy Tahsildar or authorised officer having jurisdiction, as the case may be]”

6. Since the impugned notice is, on the face of it, not in tune with the mandate of Section 7 of the Act, and fails to afford a reasonable opportunity to the occupier, this Court has no hesitation in quashing the same.

7. Accordingly, the impugned notice dated 24.07.2026 is quashed with liberty to the respondents to issue a fresh notice in accordance with the terms of Section 7 and to proceed thereafter by following the due process of law.

8. In the result, this Writ Petition stands disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. (Dr.G.J.,J.) (E.M.,J.) 10-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rpl To

1. The District Collector Namakkal District.

2. The Revenue Divisional Officer, Namakkal District.

3. The Tahsildar Sendhamangalam Taluk, Namakkal District.

4. The Revenue Inspector Sendhamangalam Taluk, Namakkal District.

DR.G.JAYACHANDRAN J. and E.MANOHARAN J. rpl Writ Petition No. 35985 of 2026 and W.M.P.No.40209 of 2026 10-09-2026