Gopala Krishnan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-06-2026

CORAM

THE HON'BLE DR JUSTICE G. JAYACHANDRAN AND THE HON'BLE MRS.JUSTICE N. MALA Writ Petition Nos. 18342, 18343, 18345, 18347 & 18348 of 2026 and W.M.P.Nos. 19698, 19699, 19701, 19702, 19705, 19706, 19709, 19710, 19711 & 19712 of 2026 1.Gopala Krishnan 2.Kulathaivelu ... Petitioners in WP.No.18342/2026 Mahendran ... Petitioner in WP.No.18343/2026 Arunagiri ... Petitioner in WP.No.18345/2026 Mariammal ... Petitioner in WP.No.18347/2026 Prakash ... Petitioner in WP.No.18348/2026 Vs

1. The District Collector Erode, Erode District.

2. The Revenue Divisional Officer Gobichettipalayam, Erode.

3. Thasildar Anthiyur Taluk, Erode District.

..Respondents in all cases

COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records in impugned order in proceedings Na.Ka. No.7141/ 2025/ UU2 dated 28.04.2026 on the file of the 1st respondent and quash the same and direct the 1st respondent to dispose the appeal dated 15.03.2026 on merits after affording sufficient opportunity to petitioner herein and grant such other relief. In all cases For Petitioners:

Mr.R.Rajarajan for M/s. D. Nandhagopal For Respondents:

Mr.B.Sivakollapan, Government Advocate COMMON ORDER (Order of the Court was made by Dr.G.Jayachandran J.) The proceedings of the District Collector, Erode, in Na.Ka.No. 7141/ 2025/ UU2 dated 28.04.2026 are under challenge in these writ petitions. The petitioners are aggrieved by the dismissal of the appeal on the ground that it was filed belatedly.

2.

The sum and substance of the appeal emanates from the order passed by this Court in W.P.No.20052 of 2024, a Public Interest Litigation filed by one K.S.Krishnamurthy seeking removal of encroachments in Survey No.318/1, Kuppadampalayam Village, Anthiyur Taluk, Erode District. 3.

A perusal of the impugned order reveals that, pursuant to survey conducted by the authorities, it was found that the petitioners had encroached

upon Government land by putting up constructions thereon. Consequently, eviction proceedings were initiated after following due process of law. Aggrieved by the notice issued under Section 6 of the Act, the petitioner preferred an appeal before the District Collector under Section 10 of the Act. However, the District Collector dismissed the appeal on the ground of delay of 224 days.

4.

The learned counsel appearing for the petitioners submitted that several persons similarly placed had been granted patta at different points of time, whereas the petitioners' case was not considered on merits and the appeal has been dismissed on the ground of delay.

5.

Without expressing any opinion on the merits of the grounds raised in the appeal, we deem it appropriate to remand the matter back to the District Collector, Erode, for fresh consideration. The District Collector shall entertain the appeal and consider the same on merits after affording an opportunity of hearing to the petitioners.

6.

The petitioners are directed to re-submit the appeal before District Collector within seven (7) days from the date of receipt of a copy of this order. On such resubmission, the District Collector shall consider and dispose of the appeal on merits and in accordance with law within a period of forty-five (45)

days from the date of receipt of the appeal.

7.

With the above directions, these Writ Petitions are disposed of. Consequently, the connected Miscellaneous Petitions are closed. No costs. (Dr.G.J.,J.) (N.M.,J.) 12-06-2026 Index: Yes/No Speaking/Non-speaking order rpl To 1.The District Collector Erode, Erode District.

2.The Revenue Divisional Officer Gobichettipalayam, Erode.

3.Thasildar Anthiyur Taluk, Erode District.

DR.G.JAYACHANDRAN J.

and N.MALA J.

rpl Writ Petition Nos. 18342, 18343, 18345, 18347 & 18348 of 2026 and W.M.P.Nos. 19698, 19699, 19701, 19702, 19705, 19706, 19709, 19710, 19711 & 19712 of 2026 12-06-2026