Prakash v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER and W.M.P.No.14247 of 2026 Prakash S/o.Venkatachalam ... Petitioner vs.

1.

The District Collector Erode Erode District.

2.

The Revenue Divisional Officer Gobichettipalayam Erode.

3.

The Thasildar Anthiyur Taluk Erode District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the 1st respondent to dispose of the appeals dated 15.03.2026 filed by the petitioner against the orders dated 18.07.2025 on the file of the 3rd respondent and issue direction to consider Page Nos.1/4

the request of the petitioner for grant of patta to the aforesaid land admeasuring 3627 sq.ft out of larger extent comprised in Survey Number 318 situated at Kupandampalayam Village, Anthiyur Taluk, Erode. For Petitioner :

Mr.D.Nandhagopal For Respondents :

Mr.T.Arun Kumar Additional Government Pleader *****

O R D E R

[Made by S.M.SUBRAMANIAM, J.,] The writ of mandamus has been instituted to direct the 1st respondent to dispose of the appeal dated 15.03.2026 filed by the petitioner against the order dated 18.07.2025 on the file of the 3rd respondent, and issue a direction to consider the request of the petitioner for the grant of patta to the aforesaid land admeasuring 3627 Sq.ft out of a larger extent comprised in Survey No.318, situated at Kupandampalayam Village, Anthiyur Taluk, Erode.

2. The petitioner has been identified as an encroacher on Government land by the revenue authorities. A notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 [hereinafter be referred to as '1905 Act' for the sake of brevity] was issued and after affording an Page Nos.2/4

opportunity, a final notice under Section 6 of the 1905 Act came to be issued.

3. Learned counsel for the petitioner would submit that the petitioner preferred an appeal under Section 10 of the 1905 Act before the District Collector, which is pending.

4. In view of the above facts, the 1st respondent/District Collector shall dispose of the statutory appeal in order of seniority, on merits and in accordance with law, as expeditiously as possible.

5. Accordingly, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. (S.M.S.,J.) (K.S.,J.) 08.04.2026 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 Erode Erode District.

2.

The Revenue Divisional Officer Gobichettipalayam Erode.

3.

The Thasildar Anthiyur Taluk Erode District.

08.04.2026 Page Nos.4/4