Madras High Court

WP/35032/2026 of SHANKAR SELVARAJ Vs The District Collector on 31 August 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31-08-2026

CORAM

THE HON'BLE DR JUSTICE G. JAYACHANDRAN

AND

THE HON'BLE MR.JUSTICE E.MANOHARAN

Writ Petition No. 35032 of 2026

and

W.M.P.No.38767 of 2026

1. Shankar Selvaraj

2. Durai

3. Babu

..Petitioners

Vs

1. The District Collector

Kancheepuram District,

Collectorate Campus, Vandavasi Road,

Kancheepuram – 631501.

2. The Tahsildar

Kundrathur Taluk,

Mehta Nagar Main Road,

Kundrathur, Chennai.

3. Revenue Inspector

Kundrathur Taluk Office,

Mehta Nagar Main Road,

Kundrathur, Kancheepuram District.

..Respondents

Prayer: Writ Petition has been filed under Article 226 of Constitution of India, to issue Writ of Certiorari, calling for the records relating to the impugned eviction order dated 03.06.2026 issued by the 2nd respondent, quash the same.

For Petitioners:

Mr.R.Priyakumar

For Respondents:

Mr.K.Surendar

Special Government Pleader

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ORDER

(Order of the Court was made by Dr.G.Jayachandran J.) The petitioners, having been found to have encroached upon the Government land classified as “Natham Poramboke” was issued a notice under Section 7 of the Act. As the respondents were not satisfied with the petitioners’ explanation to the show-cause notice, a notice under Section 6 was issued on 03.06.2026. The petitioners have approached the District Collector by filing an appeal under Section 10(1) of the Act. Simultaneously, this Writ Petition has been filed apprehending that pending disposal of the said appeal, their possession may be disturbed.

2. The learned Special Government Pleader appearing for the respondents submitted that the appeal under Section 10(1) of the Act was filed on 15.06.2026 and the enquiry has already commenced with summons being issued to the parties concerned. He further submitted that the request dated 18.06.2026 was made by the petitioners to the Tahsildar, requesting to wait the outcome of the appeal before the Collector prior to taking any coercive action.

3. Considering the submissions, we find no reason to entertain a challenge against the Section 6 notice when a statutory appeal is pending before the District Collector. Hence, this Writ Petition is disposed of with a direction to the District Collector to dispose of the appeal as expeditiously as possible. Till such time, there shall be no coercive action against the petitioners. Consequently, the connected Miscellaneous Petition is closed. No costs. (Dr.G.J.,J.) (E.M.,J.) 31-08-2026 Index: Yes/No

Speaking/Non-speaking order Neutral Citation: Yes/No rpl To

1. The District Collector Kancheepuram District, Collectorate Campus, Vandavasi Road, Kancheepuram – 631501.

2. The Tahsildar Kundrathur Taluk, Mehta Nagar Main Road, Kundrathur, Chennai.

3. The Revenue Inspector Kundrathur Taluk Office, Mehta Nagar Main Road, Kundrathur, Kancheepuram District.

DR.G.JAYACHANDRAN J. and E.MANOHARAN J. rpl Writ Petition No. 35032 of 2026 and W.M.P.No.38767 of 2026 31-08-2026

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