M.Sivashanmugam v. The Secretary To Government

2026:MHC:1348

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-03-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU and WMP Nos. 53380, 56447, 56449 & 56450 of 2025 WP No. 47811 of 2025:

1. M.Sivashanmugam

2. P.M.Ramamoorthy ..Petitioners Vs

1. The Secretary to Government, Revenue Department, Secretariat, Chennai-600 009.

2. The District Collector, Coimbatore District, No.7/1, State Bank Road, Gopalapuram, Coimbatore - 641 018

3. The District Revenue Officer, Collectorate Building, No.7/1, State Bank Road, Gopalapuram, Coimbatore-641 018.

4. The Revenue Divisional Officer Revenue Divisional Office, Coimbatore South Division, State Bank Road, Coimbatore-641 018.

5. The Tahsildar, Sulur Taluk Office, Sulur, Coimbatore-641 402.

6. Town Surveyor, Collector Office Building, Assistant Director of Survey and Land Records, No.7/1 State Bank Road, Gopalapuram, Coimbatore-641 018.

7. The Superintendent of Police, Superintendent of Police (Rural) Office, State Bank Road, Coimbatore-641 018.

8. The Deputy Superintendent of Police, Trichy Road, Sulur, Coimbatore-641 402.

9. The Inspector of Police, Sulur Police Station, Trichy Road, Sulur-641 402.

10.R.Sathish Kumar ..Respondents WP No. 50427 of 2025:

1. R.Eswari

2. R.Sathishkumar ..Petitioners Vs

1. The District Collector, Collector office, Coimbatore District, Coimbatore 641 018.

2. The District Revenue Officer, Coimbatore District, Coimbatore 641 018.

3. The Revenue Divisional Officer, Coimbatore (South), Coimbatore 641 018.

4. The Tahsildar, Sulur Taluk, Coimbatore 641 402.

5. Sivashanmugam

6. Ramamoorthy ..Respondents Prayer in WP No. 47811 of 2025: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 5th respondent - Tahsildar, Sulur Taluk to implement the order dated 4.9.2025 passed by the 3rd respondent - District Revenue officer, Coimbatore within a specific time frame to be fixed by this Court. Prayer in WP No. 50427 of 2025: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the entire records pertaining to the order dated 18.12.2025 Na.Ka. 1453/ 2024/ Aa3 passed by the 4th Respondent and quash the same as arbitrary and illegal. WP No. 47811 of 2025 For Petitioners:

Mr.Guru Sharan.G For Respondents:

Mr. T. Arun Kumar, Addl. Govt. Pleader for R1 to R6 Mr.M.Babu Muthumeeran, Addl. Public Prosecutor for R7 to R9 R10 - No appearance.

WP No. 50427 of 2025 For Petitioners:

Mr.A.Siva Raman For Respondents:

Mr. T. Arun Kumar, Addl. Govt. Pleader for R1 to R4

Common Order (Order of the Court was made by S.M.Subramaniam J.) As far as the Writ Petition in W.P.No.50427 of 2025 is concerned, the final enforcement notice to evict the encroachments issued by the Tahsildar, Sulur Taluk dated 18.12.2025 is under challenge.

2. It is not in dispute that the notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 [hereinafter referred to as "the Act, 1905"] came to be issued and after affording opportunity to the encroachers, final notice under Section 6 of the Act, 1905 was issued by the competent Authority. The aggrieved encroachers preferred an appeal under Section 10 of the Act. Thereafter, Revision is filed before the Commissioner of Land Administration, which is pending. Thus, the relief as such sought for in the Writ Petition lost its relevance and it is for the petitioners to pursue the Revision Petition pending before the Commissioner of Land Administration.

3. As far as the Writ Petition in WP.No.47811 of 2025 is concerned, a direction is sought for to implement the order dated 04.09.2025 passed by the 3rd respondent, District Revenue Officer for removal of encroachments.

4. However, the enforcement actions are commenced by implementing the report of the District Revenue Officer and the encroachers preferred a Revision Petition, which is now pending before the Commissioner of Land

Administration. Thus, the parties are at liberty to raise their respective contentions before the Commissioner of Land Administration in the Revision pending. The said Revision is directed to be disposed of as expeditiously as possible. After disposal of the Revision Petition, the competent Authority shall proceed with the removal of encroachments by following further procedures.

5. With these directions, these Writ Petitions are disposed of. WMP.No.53380 of 2025 praying to permit the petitioners to join and file a single Writ Petition is ordered, WMP.No.56447 of 2025 praying to allow the 1 st petitioner to swear the affidavit on behalf of the other petitioner and file a single Writ Petition is ordered on payment of separate Court fees. The other two connected miscellaneous petitions in WMP.Nos.56449 & 56450 of 2025 are closed.

(S.M.S.,J.) (K.B.,J.) 30-03-2026 Index: Yes/No Speaking/Non-speaking order DSA

To

1. The Secretary to Government, Revenue Department, Secretariat, Chennai-600 009.

2. The District Revenue Officer, Collectorate Building, No.7/1, State Bank Road, Gopalapuram, Coimbatore-641 018.

3. The District Revenue Officer, Collectorate Building, No.7/1, State Bank Road, Gopalapuram, Coimbatore-641 018.

4. The Revenue Divisional Officer Revenue Divisional Office, Coimbatore South Division, State Bank Road, Coimbatore-641 018.

5. The Tahsildar, Sulur Taluk Office, Sulur, Coimbatore-641 402.

6. Town Surveyor, Collector Office Building, Assistant Director of Survey and Land Records, No.7/1 State Bank Road, Gopalapuram, Coimbatore-641 018.

7. The Superintendent of Police, Superintendent of Police (Rural) Office, State Bank Road, Coimbatore-641 018.

8. The Deputy Superintendent of Police, Trichy Road, Sulur, Coimbatore-641 402.

9. The Inspector of Police, Sulur Police Station, Trichy Road, Sulur-641 402.

10.The District Collector, Collector office, Coimbatore District, Coimbatore 641 018.

11.The District Revenue Officer, Coimbatore District, Coimbatore 641 018.

12.The Revenue Divisional Officer, Coimbatore (South), Coimbatore 641 018.

13.The Tahsildar, Sulur Taluk, Coimbatore 641 402.

S.M.SUBRAMANIAM J.

AND K.KUMARESH BABU J.

DSA 30-03-2026