- Court
- High Court of Madras
- Decided
- 12 February 2026
- Bench
- S.M. Subramaniam, C.Kumarappan
- Case no.
- WP 4974/2026
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Judgment
ORDER (Order of the Court was made by C.Kumarappan J.) The present writ petition has been filed to assail the proceedings of the District Collector, dated 06.03.2024, by and which the District Collector has directed the authorities to remove the encroachments in respect of the subject property.
¶2Learned counsel for the petitioner would fairly admit that they have encroached upon the property, and for which, they have given a representation to the authorities to consider the alternative land offered by them as per G.O.Ms.No.201, Revenue and Disaster Management Department, Land Disposal Wing, LD3(1) Section, dated 10.05.2022.
¶3It is the specific submission of the petitioner that such representation was given on 09.02.2024, and the same has not been disposed by the authority. In the meanwhile, they are attempting to evict the petitioner without considering the representation. Page3 of 5
¶4Learned Special Government Pleader would submit that G.O.Ms.No.201, Revenue and Disaster Management Department, Land Disposal Wing, LD3(1) Section, dated 10.05.2022 is only a guideline, which will not give any vested right to the petitioner to seek a writ of mandamus and that the petitioner being an encroacher, he has no equity to seek such a relief.
¶5We have given our anxious consideration to either side of the parties.
¶6Admittedly, the petitioner has encroachment upon the subject land, and that the District Collector had already instructed the authorities to remove such encroachment. Though the petitioner submitted a representation, it is for the authorities to consider the representation and act in accordance with law. However, petitioner has no vested right to seek a prayer to direct the authorities to accept the land offered by the petitioner, and nor he has any legal right.
¶7In view of the above reasons, we do not find any valid reason to entertain the writ petition. Accordingly, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (C.K.,J.) 12-02-2026 Index: Yes/No Speaking/Non-speaking order Page4 of 5 GD To
¶1The Government of Tamil Nadu Rep.By its Secretary, Revenue Department, Fort St. George, Secretary, Chennai -600 009.
¶2The Principal Secretary and Commissioner of Land Administration, Chepauk, Chennai -600 005.
¶3The District Collector, Namakkal District, Namakkal.
¶4The Revenue Divisional Officer, Kumarapalayam, Namakkal District.
¶5The Tahsildar, Kumarapalayam, Namakkal. WPoNo.o4974oofo2026 S.M.SUBRAMANIAM,eJ. AND C.KUMARAPPAN,eJ. GD WPeNo.e4974eofe2026 12-02-2026 Page5oofo5
Case details
Parties and counsel
2026:MHC:636 Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-02-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN D. Sangeetha ..Petitioner(s) Vs 1. The Government of Tamil Nadu Rep. By its Secretary, Revenue Department, Fort St. George, Secretary, Chennai -600 009. 2. The Principal Secretary and Commissioner of Land Administration, Chepauk, Chennai -600 005. 3. The District Collector, Namakkal District, Namakkal. 4. The Revenue Divisional Officer, Kumarapalayam, Namakkal District. 5. The Tahsildar, Kumarapalayam, Namakkal. ..Respondent(s) Page2 of 5 Writ Petition under Article 226 of the Constitution of India issuing certiorarified mandamus to call for the records in Na.Ka.No. 4657/2024/L2 dated 06.03.2024 on the file of the 3rd respondent and to quash the same and consequentially direct the respondents to consider the petitioner's pending representation dated 09.02.2024 as per the conditions laid down in G.O. (Ms).No. 201 dated 10.05.2022 For Petitioner(s): Mr.S.Dinuprashanth For Respondent(s): Mr.D.Ravichander, Special Government Pleader
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