Madras High Court
WP/35551/2026 of B.Kathiravan Vs The District Collector on 3 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-09-2026
CORAM
THE HON'BLE DR JUSTICE G. JAYACHANDRAN
AND
THE HON'BLE MR.JUSTICE E.MANOHARAN
Writ Petition No. 35551 of 2026
and
W.M.P.Nos. 39694 and 39695 of 2026
B.Kathiravan
..Petitioner
Vs
1. The District Collector
O/o.The District Collector,
Coimbatore and District.
2. The Tahsildar
O/o.the Tahsildar,
Perur Taluk,
Coimbatore and District.
3. The Revenue Inspector
O/o.the Tahsildar,
Perur Taluk,
Coimbatore and District.
..Respondents
Prayer: Writ Petition has been filed under Article 226 of Constitution of India, to issue Writ of Certiorari, calling for entire records connected with the 3rd respondent impugned Show Cause Notice dated 14.10.2025 issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 and the 2nd respondents impugned eviction notice dated 22.07.2026 and quash the same as illegal and arbitrary.
For Petitioner:
Mr.G.Balamanikandan
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 order of eviction passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, directing the removal of obstructions caused by the petitioner by erecting a compound wall across a pathway, is challenged in this writ petition.
2. Admittedly, the compound wall has been constructed obstructing the pathway. Furthermore, a civil suit has already been filed by the petitioner’s brother and mother seeking declaration of rights regarding the said pathway.
3. On perusal of the objections submitted by the petitioner and the order passed under Section 6 of the Act, we find that the eviction order was passed on the authorities being satisfied that the land is a “Gramanatham Padhai”. Hence, the petitioner has no right to erect a compound wall obstructing the pathway. If the petitioner has any genuine ground to challenge the order of eviction, it is open to him to avail his right of preferring a statutory appeal before the District Collector.
4. With the above observations, Writ petition stands disposed of. Consequently, the connected Miscellaneous Petitions are closed. No costs. (Dr.G.J.,J.) (E.M.,J.) 03-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No aj/rpl To
1. The District Collector O/o.The District Collector, Coimbatore and District.
2. The Tahsildar O/o.the Tahsildar, Perur Taluk, Coimbatore and District.
3. The Revenue Inspector O/o.the Tahsildar, Perur Taluk, Coimbatore and District.
DR.G.JAYACHANDRAN J. and E.MANOHARAN J. aj/rpl Writ Petition No. 35551 of 2026 and W.M.P.Nos. 39694 and 39695 of 2026 03-09-2026