Madras High Court

WP/36434/2026 of S.ARUMUGAM Vs The District collector on 10 September 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-09-2026

CORAM

THE HON'BLE DR JUSTICE G. JAYACHANDRAN

AND

THE HON'BLE MR.JUSTICE E.MANOHARAN

Writ Petition No. 36434 of 2026

and

W.M.P.Nos. 40799, 40800 & 40802 of 2026

S.Arumugam

..Petitioner

Vs

1. The District Collector

Office of the District collector

Collectorate,

Coimbatore-641 018.

2. The Revenue Divisional Officer

Office of the Revenue Divisional Officer Mettuplayam Coimbatore District-641 301.

3. The Tahsildar

Office of the Tahsildar

Mettupalayam Taluk

Coimbatore District -641 301.

4. The Village Administrative Officer

Illuppanatham Village

Mettupalayam Taluk

Coimbatore District -641 302.

..Respondents

Prayer:-

Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the notice dated 24.8.2026 issued under Section 6 of the

Tamil Nadu Land Encroachment Act 1905, on the file of the 3rd respondent served upon the petitioner and calling upon him to vacate on or before 4.9.2026

the extent of 0.01.5 hectares comprised in Survey No.375/1 of Illuppanatham Village, Mettupalayam Taluk, Coimbatore District, quash the same and consequently direct the respondents 1 to 3 to consider and dispose of the petitioner’s representations dated 8.7.2014, 6.9.2018 , 12.7.2023 and 11.6.2026 and to grant patta to the petitioner in respect of the said extent of 0.01.5 hectares comprised in survey No.375/1 of Illuppanatham village, Mettupalayam Taluk, Coimbatore District on par with the other occupants of the very same survey number to whom patta has already been granted and pass For Petitioner:

Mr.M.Nandhakumar for

Mr.Eswar

For Respondents:

Mr.K.Surender

Special Government Pleader

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ORDER

(Order of the Court was made by Dr.G.Jayachandran J.) The petitioner herein, being aggrieved by the notice issued under Section 6 of the Land Encroachment Act by the Tahsildar seeking to evict the petitioner from a portion of the land under unauthorized commercial occupation, is before this Court stating that out of 30 similarly placed encroachers, 13 were granted pattas. However, the petitioner and a few others have been discriminated against and Section 6 notices were served.

2. The learned Special Government Pleader appearing for the respondents submits that the petitioner is in occupation of the Government land, where he is running a shop and a shed. Therefore, considering the nature and use of the occupation, he has been classified as an encroacher liable to be evicted. He also submitted that the Section 6 notice for the removal of the encroachment was issued following the notice under Section 7. He further submitted that if the petitioner is aggrieved by this action, he has to prefer a statutory appeal before the Collector under Section 10 of the Act.

3. Considering the averments made in the affidavit and the submissions made by the learned Special Government Pleader, we dispose of the writ petition by granting an opportunity to the petitioner herein to explore the statutory appeal remedy contemplated under the Act.

4. Accordingly, this Writ Petition stands dismissed. Consequently, the connected Miscellaneous Petitions are 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 Office of the District collector Collectorate, Coimbatore-641 018.

2. The Revenue Divisional Officer Office of the Revenue Divisional Officer Mettuplayam Coimbatore District-641 301.

3. The Tahsildar Office of the Tahsildar Mettupalayam Taluk Coimbatore District -641 301.

4. The Village Administrative Officer Illuppanatham Village Mettupalayam Taluk Coimbatore District -641 302.

DR.G.JAYACHANDRAN J. and E.MANOHARAN J. rpl Writ Petition No. 36434 of 2026 and W.M.P.Nos. 40799, 40800 & 40802 of 2026 10-09-2026

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