P.Deivasigamani v. The District Collector
2026:MHC:11
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-12-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN AND WP NO. 48558 OF 2025
1. P.Deivasigamani Petitioner(s) Vs
1. The District Collector Erode District, Collector Office, Erode- 638 011.
2.The District Revenue Officer DRO Office, Erode District, Erode- 638 011.
3.The Revenue Divisional Officer RDO Office, Erode District.
4.The Tahsildar Perundurai Taluk Erode District.
Pungampadi Village, Perundurai Taluk, Erode District.
Vellode, Perundurai Taluk, Erode District.
Respondent(s)
WP No. 48558 of 2025
1. Thulasimani Petitioner(s) Vs
1. The District Collector Erode District, Collector Office, Erode- 638 011.
2.The District Revenue Officer DRO Office, Erode District, Erode- 638 011.
3.The Revenue Divisional Officer RDO Office, Erode District.
4.The Tahsildar Perundurai Taluk Erode District.
Pungampadi Village, Perundurai Taluk, Erode District.
Vellode, Perundurai Taluk, Erode District.
Respondent(s) PRAYER Calling for the records of the 4th respondent culminated in and by his proceedings in his order, dated 25.10.2025, quash the same and consequently directing the respondents to consider the petitioner's representation dated 15.10.2025 and direct the respondents to issue patta in favour of the petitioner to the property mentioned in the impugned order.
WP No. 48558 of 2025 PRAYER Calling for the records of the 4th respondent culminated in and by his proceedings in his order, dated 25.10.2025, quash the same and consequently directing the respondents to consider the petitioners representation dated 15.10.2025 and direct the respondents to issue
patta infavour of the petitioner to the property mentioned in the impugned order.
For Petitioner(s):
Mr.V.S. Kesavan For Respondent(s):Mr.T.Arun Kumar Additional Government Pleader For Rr1 - 6 COMMON ORDER (Order of the Court was made by S.M.Subramaniam J.) Writ of mandamus has been instituted challenging the final notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as "Act").
2. Encroachments are identified in public road. Petitioners constructed a house in the public road. Therefore, enforcement actions are initiated. Section 7 notice came to be issued, after affording opportunity to the encroachers. Thereafter, final notice under Section 6 of the Act is issued. If at all, the petitioners are aggrieved, they have to prefer an appeal under Section 10 of the Act. However, no writ would lie against final notice issued under Section 6 of the Act. That apart, encroachments are identified in public road. Therefore, this Court is of the considered view that the authorities are bound to proceed with the enforcement actions by following the procedures.
3. With the above observations, the present writ petitions are dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed.
(S.M.SUBRAMANIAM J.)(C.KUMARAPPAN J.) 19-12-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The District Collector Erode District, Collector Office, Erode- 638 011.
2.The District Revenue Officer Dro Office, Erode District, Erode638 011.
3.The Revenue Divisional Officer Rdo Office, Erode District.
4.The Tahsildar Perundurai Taluk Erode District.
Pungampadi Village Perundurai Taluk, Erode District.
Vellode, Perundurai Taluk, Erode District.
WP No. 48558 of 2025 To 1.The District Collector Erode District, Collector Office, Erode- 638 011.
2.The District Revenue Officer Dro Office, Erode District, Erode638 011.
3.The Revenue Divisional Officer Rdo Office, Erode District.
4.The Tahsildar Perundurai Taluk Erode District.
Pungampadi Village Perundurai Taluk, Erode District.
Vellode, Perundurai Taluk, Erode District.
S.M.SUBRAMANIAM J.
AND C.KUMARAPPAN J.
gd AND WP NO. 48558 OF 2025 OF 2025 19-12-2025