M.Azhagappan v. The District Collector

2026:MHC:677

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2026 C O R A M THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.Nos.3969 & 3971 of 2026 M.Azhagappan ... Petitioner -vs1.The District Collector, Dharmapuri District, Dharmapuri.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, 3.The Tahsildar, Nallampalli Taluk, 4.The Revenue Inspector, Palayamputhur, Nallampalli Taluk, 5.The Village Administrative Officer, Kammampatti Village, Nallampalli Taluk, 1/6

6.The Deputy Superintendent of Police, 7.The Inspector of Police, Thoppur Police Statiion, Thoppur, 8.V.Manickam 9.G.Dhanalakshmi 10.V.Murugesan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned notice dated 15.10.2025 issued by the 3rd respondent/ Tahsildar, Nallampalli Taluk, Dharmapuri District and quash the same and consequently forbear the respondents from taking any coercive action against the petitioner in respect of the lands in Survey Nos.597/1 and 597/3 situated at Kammampatti Village, Nallampalli Taluk, Dharmapuri District, pending disposal of the statutory appeal under Section 10-C of the Tamil Nadu Land Encroachment Act, 1905. For Petitioner : Mr.G.Kesavan For Respondents : Mr.D.Ravichander Spl. Govt. Pleader for R1 to R5 Mr.Babu Muthu Meeran, Addl. Public Prosecutor for R6 & R7 ***** 2/6

O R D E R

(Order of the Court was made by C.KUMARAPPAN,J.,) The present Writ Petition has been filed against the notice dated 15.10.2025 issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905.

2. At this juncture, the learned Special Government Pleader would submit that prior to the present notice issued under Section 7 of the Act, earlier notice was issued under Section 7 of the Act on 07.06.2024 and thereafter notice under Section 6 of the Act was issued on 04.07.2024. Aggrieved by the notice under Section 6 of the Act, the petitioner already preferred a revision in Na.Ka.No.17829/2024/T3 on 28.09.2024. Hence, the present Writ Petition is not maintainable.

3. We are in full concurrence with the said submission of the learned Special Government Pleader, as the petitioner has already exhausted all the remedy and revision is pending before the appropriate Authority. Furthermore any Writ against notice is not maintainable, unless such notice issued by incompetent person. Here it is not the case of the petitioner. Thus, we do not see any merit in the Writ Petition. 3/6

4. In the result, this Writ Petition is dismissed, granting liberty to the petitioner to pursue the revision pending before the Authority concerned. The Authority shall decide the revision as expeditiously as possible. No costs. Consequently, the connected miscellaneous petitions are closed. (S.M.S,J.,) (C.K,J.,) 13.02.2026 Index: Yes / No Internet: Yes / No dsa 4/6

To:

1.The District Collector, Dharmapuri District, Dharmapuri.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, 3.The Tahsildar, Nallampalli Taluk, 4.The Revenue Inspector, Palayamputhur, Nallampalli Taluk, 5.The Village Administrative Officer, Kammampatti Village, Nallampalli Taluk, 6.The Deputy Superintendent of Police, 7.The Inspector of Police, Thoppur Police Statiion, Thoppur, 5/6

S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN, J.

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