Sathish Kumar v. The Collector

2026:MHC:751

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2026 C O R A M THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN Sathish Kumar ... Petitioner -vs1.The Collector, Thiruvallur District.

2.The Sub-Collector, Sub-Collector Office, Ponneri.

3.The Revenue Divisional Officer, Ponneri.

4.The Tahsildar, Ponneri Taluk, 6.Radha 7.Vijayakumar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to praying to issue a Writ of Mandamus, directing the respondents 1 to 5 to provide opportunity of hearing or personal hearing before proceeding against the petitioner under the Tamil Nadu Land Encroachment Act, 1905. 1/5

For Petitioner : Mr.K.S.Guruprasadh For Respondents : Mr.D.Ravichander, Spl. Govt. Pleader for R1 to R5 Mr.D.Gopinathan for R6 & R7

O R D E R

(Order of the Court was made by C.KUMARAPPAN,J.,) The present Writ Petition has been filed seeking a Mandamus directing the respondents 1 to 5 to provide opportunity of hearing or personal hearing before proceeding against the petitioner under the Tamil Nadu Land Encroachment Act, 1905.

2. The learned counsel for the petitioner would submit that he has already filed a statutory appeal on 07.11.2025 under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 before the 1st respondent and it is his further submission that when he approached the 1st respondent office, they have informed that they will dismiss the appeal filed under Section 10 of the Act. Therefore, it is the submission of the learned counsel for the petitioner that he must be given a personal hearing.

3. The very Land Encroachment Act is a self contained code, where there is no specific provision mandated on the part of the Authority to give 2/5

personal hearing. In the case on hand, the appeal is already pending before the Authority concerned. Therefore, no further direction is required. It is for the District Collector to dispose of the said appeal according to its own merits.

4. Therefore, we don't find any merits to entertain the present Writ Petition and it is accordingly dismissed. No costs. (S.M.S,J.,) (C.K,J.,) 19.02.2026 Index: Yes / No Internet: Yes / No dsa 3/5

To:

1.The Collector, Thiruvallur District.

2.The Sub-Collector, Sub-Collector Office, Ponneri.

3.The Revenue Divisional Officer, Ponneri.

4.The Tahsildar, Ponneri Taluk, 4/5

S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN, J.

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