M.Thandapani v. The District Collector

2026:MHC:126

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.01.2026 C O R A M THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN M.Thandapani ... Petitioner -vs1.The District Collector, The Collector Office, Kallakurichi District.

2.The Sub-District Collector, Sub-Collector Office, Kallakurichi District.

3.The District Revenue Officer, The Collector Office, Kallakurichi District.

4.Venkatesan, Tahsildar, Vanapuram Taluk Office, Vanapuram.

5.The Block Development Officer, The Block Development Office, Sankarapuram.

... Respondents 1/5

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 4 to consider the representation dated 17.06.2025 to take action and to provide petitioner with the opportunity to experience the current vacant land measuring 436 sq.ft. situated within the land measuring about 0.26.27 ares bearing survey No.150/3 and to issue a patta for it and also request to provide petitioner with the opportunity to make a living in that place as usual within the time frame fixed by this Court.

For Petitioner : Mr.S.Thirunavukarasu for Mr.V.Navaneethakrishnan For Respondents : Mr.T.Arun Kumar, Addl. Govt. Pleader for R1 to R3 *****

O R D E R

(Order of the Court was made by S.M.SUBRAMANIAM,J.,) The Writ of Mandamus has been instituted to direct the respondents to consider the representation submitted by the petitioner on 17.06.2025 allowing him to continue in the encroached common land.

2. A perusal of the facts would show that the enforcement actions have already been initiated and notice under Section 7 of the Tamil Nadu 2/5

Land Encroachment Act, 1905 (hereinafter referred to as "the Act") has been issued by the Revenue Tahsildar on 07.04.2025.

3. The learned Additional Government Pleader would submit that after affording opportunity to the encroachers, final notice under Section 6 of the Act was issued on 06.05.2025.

4. Thus, the present Writ Petition with reference to the relief sought for is not maintainable. If at all the petition is aggrieved, he has to file an appeal under Section 10 of the Act.

5. Consequently, this Writ Petition stands dismissed. No costs. (S.M.S,J.,) (C.K,J.,) 07.01.2026 Index: Yes / No Internet: Yes / No dsa 3/5

To:

1.The District Collector, The Collector Office, Kallakurichi District.

2.The Sub-District Collector, Sub-Collector Office, Kallakurichi District.

3.The District Revenue Officer, The Collector Office, Kallakurichi District.

4.The Block Development Officer, The Block Development Office, Sankarapuram.

4/5

S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN, J.

dsa 07.01.2026 5/5