K.K.Vengidusamy v. The District Collector

2026:MHC:701

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-02-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN W.P.No.1427 of 2026 K.K.Vengidusamy ..Petitioner -vs1. The District Collector Erode District.

2. The Revenue divisional Officer Gobichettipalayam.

3. The Revenue Tahsildar Gobichettipalayam.

..Respondent(s) Prayer: To direct the Respondents 1 to 3 to remove the encroachments made in R.S. No.14/3, classified as Vari Poramboke land, situated at Kondaiyamapalaym village, Gobichettipalayam Taluk, Erode District, and restore the said water body to its original condition, based on the enquiry already initiated by 3rd respondent pursuant to the notice in Na.Ka. 4307/ 2023/A1, dated 02.04.2025,within a time frame fixed by this honbe court.

For Petitioner:

Mr.S.Kousik For Respondents:

Mr.T.Arun Kumar Addl. Govt. Pleader *****

ORDER

(Order of the Court was made by C.Kumarappan J.) The present Writ Petition has been filed for a mandamus to direct the Respondents 1 to 3 to remove the encroachments made in R.S. No.14/3 classified as Vari Poramboke land situated at Kondaiyamapalaym village Gobichettipalayam Taluk Erode District and restore the said water body to its original condition based on the enquiry already initiated by 3rd respondent pursuant to the notice in Na.Ka. 4307/ 2023/A1 dated 02.04.2025.

2. At this juncture, learned Additional Government Pleader appearing for the respondents, based upon written instructions given by the Tahsildar would submit that the competent authority had already issued notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 on 04.02.2025 itself and thereafter, Section 6 notice was also issued on 06.03.2025. When they proceeded to survey the property, in view of standing crops, they did not carry out the removal of encroachment. In the interregnum, the Writ Petition came to be filed.

3. In view of the above submission, it is amply clear that the respondents have already initiated enforcement action. Therefore, we deem it appropriate to direct the respondents to proceed further with their action in accordance with law, for removal of encroachments as expeditiously as possible.

With the above observations, the present Writ Petition is disposed of. No costs.

(S.M.S.,J.) (C.K.,J.) 16-02-2026 Index: Yes Speaking Order AR To:

1. The District Collector, Erode District.

2. The Revenue Divisional Officer, Gobichettipalayam.

3. The Revenue Tahsildar Gobichettipalayam.

S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN, J.

AR W.P.No.1427 of 2026 16-02-2026