Suganeswaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-06-2026

CORAM

THE HON'BLE DR JUSTICE G. JAYACHANDRAN AND THE HON'BLE MRS.JUSTICE N. MALA Writ Petition No. 21396 of 2026 and W.M.P.Nos. 23166 and 23170 of 2026 Suganeswaran ..Petitioner(s) Vs

1. The District collector Salem District, Salem - 636001.

2. The Tahsildar, Omalur Taluk, Salem District.

3. The Revenue Inspector, Taramangalam, Omalur Taluk, Salem District.

4. The Village Administrative Officer, Amarakundhi Village, Omalur Taluk, Salem District.

5. V.Kandasamy ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records relating to the impugned section 7 notice dated 27.05.2026 passed by 3rd respondent issued

under the Tamil Nadu Land Encroachment Act, 1905 and to quash the same. For Petitioner:

Mr.M.Elango For Respondents:

Mr.B.Siva Kollapan Government Advocate

ORDER

(Order of the Court was made by Dr.G.Jayachandran J.) The status report is filed.

2.

The learned Government Advocate, on instructions from the Tahsildar, Omalur, submitted that the petitioner herein is in occupation of Survey No.229/3 (Patta land) and also Survey No. 229/4 (classified as Sarkar Poramboke Sandu) and Survey No. 229/5 (classified as Sarkar Poramboke vacant land). Insofar as the Sarkar Poramboke land is concerned, action has been initiated to remove the encroachment in Survey No.229/4. 2.1.

Further, the learned Government Advocate submitted that the contention of the writ petitioner is that Survey No.229/4 is classified as Natham is incorrect; only Survey No.229/5 classified as Sarkar Poramboke Natham vacant land. The impugned notice issued under Section 7 of the Act has been issued in respect of Survey No.229/4 which is Sarkar Poramboke Sandu. 3.

Hence, we find that the impugned notice is only in respect of the land encroached upon by the petitioner on Government Sarkar Poramboke land and does not affect his patta land, which is confined to Survey No.229/3.

Therefore, we find no illegality in the impugned notice and the prayer sought to quash the same cannot be granted.

4.

Accordingly, this Writ Petition stands dismissed. Consequently, the connected Miscellaneous Petitions are closed. No costs. (Dr.G.J.,J.) (N.M.,J.) 16-06-2026 Index: Yes/No Speaking/Non-speaking order rpl To 1.The District collector Salem District, Salem - 636001.

2.The Tahsildar, Omalur Taluk, Salem District.

3.The Revenue Inspector, Taramangalam, Omalur Taluk, Salem District.

4.The Village Administrative Officer, Amarakundhi Village, Omalur Taluk, Salem District.

DR.G.JAYACHANDRAN J.

and N.MALA J.

rpl Writ Petition No. 21396 of 2026 and W.M.P.Nos. 23166 and 23170 of 2026 16-06-2026