Madras High Court
WP/36133/2026 of VINODHA Vs The District Revenue officer on 8 September 2026
WP No. 36133 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-09-2026
CORAM
THE HON'BLE DR JUSTICE G. JAYACHANDRAN
AND
THE HON'BLE MR.JUSTICE E.MANOHARAN
WP No. 36133 of 2026
Vinodha
..Petitioner(s)
Vs
1. The District Revenue Officer
Ariyalur District.
2. The Divisional Monitoring Committee
Chairman cum
Revenue Divisional Officer
Udayarpalayam Taluk
Ariyalur District.
3. The Tahsildar
Udayarpalayam Taluk
Ariyalur District.
4. The Block Development Officer
Panchayat Union
Thapazhur
Ariyalur District.
5. N.Rajakumari
..Respondent(s)
Writ Petition under Article 226 of the Constitution of India, for issuance of a writ of certiorarified mandamus, to call for the records pertaining to the impugned eviction notice dated 20.8.2026 issued by the 3rd respondent, the
WP No. 36133 of 2026
Tahsildar, Udayarpalayam, under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, in respect of Survey No.524/11 measuring 00032
sq.m. (344 sq.ft), quash the same, and consequently restrain respondents 1 to 4
from interfering with the petitioner’s peaceful possession and enjoyment of the subject property.
For Petitioner(s):
Mr.P.Valliyappan,
Senior Counsel,
M/s.PV Law Associates.
For Respondent(s):
Mr.K.Surender,
Spl.Govt.Pleader, for R1 to R3.
Mr.S.Sriram,
Govt. Advocate, for R4.
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ORDER
(Order of the Court was made by Dr.G.Jayachandran J.) Mr.K.Surendar, Special Government Pleader, takes notice for respondents No.1 to 3, and, Mr.S.Sriram, Government Advocate, for respondent No.4.
2. This Writ Petition is filed challenging Section 6 Notice under Tamil Nadu Land Encroachment Act,1905, issued by third respondent – Tahsildar, for removal of encroachment in the land classified as “Natham Government Poramboke Street”.
3. Learned Senior Counsel for the petitioner states that the property purchased by the petitioner under a valid sale deed, dated 21.08.1972, mentioning four boundaries, has now been termed as “Arasu Poramboke Street” and the hollow bricked compound wall constructed is not to be removed
WP No. 36133 of 2026
through the impugned order. According to the learned Senior Counsel, already, there is a civil dispute between the petitioner and others regarding the property, and the impugned notice for eviction has been caused without considering the nature of classification of the land, long possession, and enjoyment.
4. The impugned notice for eviction, issued under Section 6 of Tamil Nadu Land Encroachment Act,1905, discloses the circumstances under which the eviction came to be ordered, and an opportunity has been given to the petitioner, before passing the impugned order of eviction. Further, it reveals that the classification of land as per revenue records to an extent of 0.32 sq.mts. out of 4.79 ares in Survey No.524/11 has been classified as “Street”. Therefore, based on revenue records and the objections made by the petitioner, Tahsildar has applied his mind and passed the order. If the petitioner is, in any way, aggrieved by the impugned order, she has a right of preferring a statutory appeal before District Collector under Section 10 of Tamil Nadu Land Encroachment Act,1905.
5. Therefore, without expressing any further opinion on the impugned order, we dispose of the Writ Petition, directing the petitioner to explore the appeal remedy available under the statute and raise grounds available to her. No costs. Consequently, the connected W.M.P.No.40415 of 2026 is closed. (G.J.,J.) (E.M.,J.) 08-09-2026
WP No. 36133 of 2026
Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DIXIT To The District Revenue Officer Ariyalur District. The Divisional Monitoring Committee Chairman cum Revenue Divisional Officer Udayarpalayam Taluk Ariyalur District. The Tahsildar Udayarpalayam Taluk Ariyalur District. The Block Development Officer Panchayat Union Thapazhur Ariyalur District.
WP No. 36133 of 2026
DR.G.JAYACHANDRAN, J. AND E.MANOHARAN, J. DIXIT WP No. 36133 of 2026 08-09-2026