R.Nedunchezhiyan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-04-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER and W.M.P.No.16628 of 2026 R.Nedunchezhiyan S/o. (Late) Ranganathan ..Petitioner Vs

1. The District Collector, District Collector Office Dharmapuri, Salem Main Road,

2. The Tahsildar, Taluk Office Dharmapuri,

3. The Revenue Divisional Officer, Revenue Department Office, Dharmapuri Taluk,

4. The Revenue Inspector, Collector Campus, Dharmapuri District - 635 303.

5. The Village Administrative Officer, Kadakathur Panchayath, Kadakathur Village, Dharmapuri Taluk,

6. The President, Kadakathur Panchayath Office, Kadakathur Village, Dharmapuri Taluk, ..Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorari calling for the records relating to the impugned eviction notice issued by the second respondent dated 02.04.2026 under Sections 3(i) and 3(ii) of the Tamil Nadu Land Encroachment Act, 1905 and quash the same as illegal, arbitrary and contrary to law. For Petitioner :

Mr.K.P.Mohanbalaji For Respondents :

Mr.T.Arunkumar Additional Government Pleader [R1 to R5] *****

ORDER

(Made by S.M.Subramaniam J.) The present writ petition has been instituted challenging the final notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 [for brevity 'the Act'].

2. Against the notice issued under Section 6 of the Act an appeal would lie under Section 10 of the Act before the District Collector. The District Collector is the competent authority to conduct an elaborate enquiry by affording opportunity to the parties. Therefore, the petitioner has to exhaust the statutory remedy, which is efficacious and provided under the Act.

Granting liberty to the petitioner to prefer an appeal under Section 10 of the Act before the District Collector, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. [S.M.S., J.] [K.S., J.] 17-04-2026 Index: Yes Speaking/Non-speaking order gm To 1.The District Collector, District Collector Office Dharmapuri, Salem Main Road, 2.The Tahsildar, Taluk Office Dharmapuri, 3.The Revenue Divisional Officer, Revenue Department Office, Dharmapuri Taluk, 4.The Revenue Inspector, Collector Campus, Dharmapuri District - 635 303.

5.The Village Administrative Officer, Kadakathur Panchayath, Kadakathur Village, Dharmapuri Taluk,

S.M.SUBRAMANIAM, J.

AND K.SURENDER, J.

gm 17-04-2026