A.Rajagopal v. The District Collector

O R D E R [Made by S.M.SUBRAMANIAM, J.,] The relief sought for in the present writ petition is to direct the respondents not to take any proceedings in furtherance of the notice issued under Section 6 of "the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)" {hereinafter "1905 Act" for the sake of brevity} Page Nos.3/5 by the 4th respondent dated 24.06.2025 and the consequential notice issued by the 5th respondent in Na.Ka.No.1870/2025/A2 dated 12.01.2026, until the disposal of the statutory appeal filed by the petitioner under Section 10 of the 1905 Act before the 1st respondent on 25.02.2026.

¶2The learned counsel for the petitioner would submit that pursuant to the show cause notice issued under Section 7 of the 1905 Act, the petitioner submitted a representation and a final decision under Section 6 came to be issued. Challenging the said notice, the petitioner preferred an appeal before the District Revenue Officer, Salem. The petitioner, now seeks a direction for the disposal of the said appeal.

¶3The learned Additional Government Pleader would submit that the appeal under Section 10 of the 1905 Act would lie before the District Collector, however, the petitioner has not preferred it before the competent authority.

¶4Granting liberty to the petitioner to prefer an appeal under Section 10 of the 1905 Act, before the District Collector, the present writ petition stands disposed of. In the event of the petitioner preferring such an appeal, Page Nos.4/5 the District Collector shall entertain the same without reference to the period of limitation and decide the issue on merits and in accordance with law. There shall be no order as to costs. (S.M.S.,J.) (K.S.,J.)

01.04.2026 Index : Yes Speaking order / Non-speaking order mk To

¶1The District Collector Salem, Salem District.

¶2The District Revenue Officer Salem, Salem district.

¶3The Revenue Divisional Officer, Salem Salem District.

¶4The Tahsildar Edappadi Taluk Salem District.

¶5The Block Development Officer Konganapuram Panchayat Union Salem District. Page Nos.5/5 S. M. SUBRAMANIAM, J., and K. SURENDER, J., mk

01.04.2026

Page Nos.1/5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.04.2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER A.Rajagopal S/o.Azhagappan ... Petitioner vs. 1. The District Collector Salem, Salem District. 2. The District Revenue Officer Salem, Salem district. 3. The Revenue Divisional Officer, Salem Salem District. 4. The Tahsildar Edappadi Taluk Salem District. 5. The Block Development Officer Konganapuram Panchayat Union Salem District. … Respondents Page Nos.2/5 Writ Petitions filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents 1 to 5 not to take any proceedings in furtherance to the notice under Section 6 of the Tamil Nadu Act 3 of 1905 issued by the 4th respondent dated 24.06.2025 and consequential notice issued by the 5th respondent in Na.Ka.No.1870/2025/A2 dated 12.01.2026 until the disposal of the statutory appeal filed by the petitioner under Section 10 of the Tamil Nadu Act 3 of 1905 before the 1st respondent on 25.02.2026. For Petitioner : Mr.A.Saravanan For Respondents : Mr.T.Arun Kumar Additional Government Pleader for R1 to R4 Mr.R.Kumaravel Additional Government Pleader, for R5 *****