M.Periyadurai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER and W.M.P.No.13664 of 2026 M.Periyadurai S/o.Late Marimuthu ... Petitioner vs.

1.

The District Collector Salem District Salem - 636 001.

2.

The District Revenue Officer District Collectorate Salem District - 636 001.

3.

The Revenue Divisional Officer, Attur Sub Division, Salem District - 636 001.

4.

The Tahsildar Thalaivasal Taluk Salem District - 636 112.

5.

P.Periyasamy S/o.poomalai Page Nos.1/4

6.

N.Senthilkumar S/o.Nallaiya ... Respondents Writ Petitions filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the third and fourth respondents to consider the petitioner's representation dated 22.09.2025 and after providing the opportunity to the petitioner to follow the eviction procedure under the Tamil Nadu Land Encroachment Act 1905 in S.No.256/5 situated at Vellaiyur Village, Thalaivasal Taluk, Salem District. For Petitioner :

Mr.T.Velu For Respondents :

Mr.T.Arun Kumar Additional Government Pleader for R1 to R4 *****

O R D E R

[Made by S.M.SUBRAMANIAM, J.,] The writ on hand has been instituted to direct the third and fourth respondents to consider the petitioner's representation dated 22.09.2025, and after providing the petitioner an opportunity of being heard, to follow the eviction procedure under "the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)" {hereinafter "1905 Act" for the sake of brevity}, for S.No.256/5 situated at Vellaiyur Village, Thalaivasal Taluk, Salem Page Nos.2/4

District.

2. The learned Additional Government Pleader would submit that the revenue authorities have conducted an inspection and survey, identified the encroachment and a show cause notice has been issued. The petitioner submitted his reply / representation on 22.09.2025. Thus, the authorities are in the process of considering the petitioner's representation dated 22.09.2025 and thereafter, a notice under Section 6 of the 1905 Act will be issued before removal of any identified encroachment.

3. With these observations, the Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

(S.M.S.,J.) (K.S.,J.) 01.04.2026 Index : Yes / No Speaking order / Non-speaking order mk Page Nos.3/4

S. M. SUBRAMANIAM, J., and K. SURENDER, J., mk To 1.

The District Collector Salem District Salem - 636 001.

2.

The District Revenue Officer District Collectorate Salem District - 636 001.

3.

The Revenue Divisional Officer, Attur Sub Division, Salem District - 636 001.

4.

The Tahsildar Thalaivasal Taluk Salem District - 636 112.

01.04.2026 Page Nos.4/4