WP/5087/2026 of C.THANGARAJ Vs THE DISTRICT COLLECTOR on 16 October 2026

O R D E R

(Order of the Court was made by S.M.Subramaniam,J.) This Writ Petition has been filed for a direction to R1 to R3 to take necessary action for removal of encroachment based on Pa.Mu.COL REV 19460/2022/Uu1 by 2nd respondent order dated 24.05.2023 and based on the petitioner representation dated 18.12.2025.

2. Learned Additional Government Pleader, on instructions would submit that Revenue Authorities conducted survey and identified encroachments. Thus, they will initiate further action by following procedures.

3. Learned counsel for R4 to R6 would submit that R4 to R6 have instituted a suit in O.S.No.43 of 2025 on the file of District Munsif- cum-Judicial Magistrate, Ezhumathur, for injunction and therefore, no action needs to be taken against R4 to R6.

4. It is seen that Revenue Authorities conducted survey and identified encroachments. Enforcement action has also been initiated under the provisions of the Tamil Nadu Land Encroachment Act, 1905. Section 14 of the Act, 1905 contemplates bar of jurisdiction of Courts. In respect of encroachment proceedings initiated under the Act, 1905, no suit is maintainable. Since suit itself is not maintainable in view of Section 14 of the Act, 1905, there is no bar for Competent Authorities to initiate enforcement action under the provisions of the said Act. However, on issuance of show cause notice under Section 7 of the Act, 1905, encroachers / R4 to R6 are at liberty to submit their written explanation along with documents, if any for consideration by competent authority and after issuance of final notice under Section 6 of the Act, 1905, encroachments are to be removed.

5. In view of the said factual position, Official Respondents 1 to 3 are directed to initiate enforcement action by following procedures as contemplated under the Act, 1905 and conclude the same within a period of twelve weeks from the date of receipt of a copy of this order.

S.M.SUBRAMANIAM,J. AND R.RAJESH VIVEKANANTHAN,J. AR With the above observations and directions, the present Writ Petition is disposed of. No costs. (S.M.S.,J.) (R.R.V.,J.) 27-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AR To:

1. The District Collector Dheeran Chinnamalai Palace, Erode District.

2. The District Revenue Officer Dheeran Chinnamalai Palace, Erode District.

3. The Tahsildar Modakkuruchi Taluk Office, Erode District.