P.Karuppusamy v. The District Collector

ORDER (Order of the Court was made by C.Kumarappan J.) The present Writ Petition has been filed challenging the impugned order dated 06.05.2022 issued by the Tahsildar, Uthukuli / 2nd respondent.

¶2The learned counsel for the petitioner would submit that the subject land viz, S.F.No.204/1 is their absolute property and got title over the same in the year 1992. Whereas the respondent by referring the subject land as Sarkar Poromboke has passed the impugned order. It is the further submission of the learned counsel for the petitioner that without issuing of prior notice, an order has been passed. Hence, the present writ petition is filed.

¶3Per contra, learned Additional Government Pleader appearing for the respondents would submit that the subject land is a Sarkar Poromboke land and the petitioner has already filed a suit in O.S.No.304 of 2022 before the District Munsif Court, Uthukuli and subsequently, the same was dismissed for default. Hence, he would submit that there are no grounds to interfere with the impugned order. Page3 of 4

¶4We have given anxious consideration to the submissions made by the learned counsel on either side.

¶5While looking at the impugned order, we could not find any inference as to the issuance of prior notice under Section 7 of Tamil Nadu Land Encroachment Act, 1905. Therefore, to bring the above notice within the contours of the Tamil Nadu Encroachments Act, we may treat the impugned notice as Section 7 notice issued under Tamil Nadu Land Encroachments Act. Since this Court treats the impugned notice as Section 7 notice, the petitioner is given liberty to submit his reply to the authority concerned within a period of two weeks from the date of receipt of a copy of this order. On receipt of such reply, the 2nd respondent is directed to take appropriate action under the relevant rules of law and if they find any encroachment, they are directed to proceed to remove the encroachment as expeditiously as possible by following the due process of law.

¶6With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (C.K.,J.) 18-02-2026 Index: Yes/No Speaking/Non-speaking order KKN Page4 of 4

S.M.SUBRAMANIAM, J. AND

C.KUMARAPPAN, J. KKN To

¶1The District Collector, Collectorate, Palladam Road, Tiruppur 641 606, Tiruppur District.

¶2The Tahsildar, Uthukuli Taluk, Tiruppur District. 18-02-2026

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-02-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN and WMP.No.26924 of 2022 P.Karuppusamy ..Petitioner(s) Vs 1. The District Collector, Collectorate, Palladam Road, Tiruppur 641 606, Tiruppur District. 2. The Tahsildar, Uthukuli Taluk, Tiruppur District. ..Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of writ of certiorarified mandamus, calling for the records relating to the impugned order in Na.Ka.No 1259/ 2022/ A3 dated 06.05.2022 issued by the 2nd Respondent, quash the same and consequently direct the respondents to grant patta to the property measuring 13,343 ½ sq.ft , comprised in Village Natham No. 204/1, R.S.No. 24, Old SF No. 14/1, Rakkiyapalayam Village, Uthukuli Taluk, Tiruppur District purchased under a sale deed dated 28.10.2020 (Doc. No. 3613/2020-SRO, Uthukuli) by considering the petitioner's application dated 12.05.2022. Page2 of 4 For Petitioner(s): Mr.N.Manoharan For Respondent(s): Mr. T.Arunkumar Additional Government Pleader