Nagarajan M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05.06.2026 CORAM THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P(MD)Nos.15153 and 15154 of 2026 and WMP(MD)Nos.11353, 11354, 11355 and 11357 of 2026 M.Nagarajan ... Petitioner in W.P.15153/2026 P.Marimuthu ... Petitioner in W.P.15154/2026 Vs.

¶1The District Collector, Karur District.

¶2The Tahsildar, Taluk Office, Kulithalai Taluk, Karur District. ...Respondents in both cases PRAYER :- Writ Petitions filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned notices issued by the 2nd respondent in Na.Ka.A4/2010/2025 dated 24.03.2026 and in Na.Ka.A4/2010/2025 dated

18.05.2026 and quash the same as illegal. For Petitioner(in both WPs) : M/s.V.Sundari For Respondents : Mr.S.Venkatesh Government Advocate COMMON ORDER (Order of the Court was made by N.SATHISH KUMAR, J.) Challenging the notices issued under Sections 7 and 6 of the Tamil Nadu Land Encroachment Act, 1905, the present writ petitions have been filed.

¶2Though effective alternative remedy is available, we are not inclined to relegate the petitioners to avail such remedy, since it is brought to the notice of this Court by the learned counsel for the petitioners that the subject land is not a Government land and in fact, pattas have been given to the petitioners in respect of the subject land vide Patta Nos.313, 521 and 641 on 01.02.2024. Further, the subject land is classified as natham land. Such being the position, invoking the provisions of the Tamil Nadu Land Encroachment Act, 1905, will not arise.

¶3It is the contention of the learned Government Advocate appearing for the respondents that there are encroachments in the subject Survey No.807 [Old Survey No.216].

¶4Admittedly, pattas have been granted to the petitioners for 0-1.40, 0-0.82 and 0-0.50 Hectares of land in Survey No.807/1, 807/14 and 807/15 respectively. In such a view of the matter, let the authorities survey the area in question. In the event, there has been any encroachment beyond the area mentioned under the Patta Nos.313, 521 and 641, then the authorities can initiate fresh proceedings. If the houses constructed fall within the area covered under the natham patta lands, the provisions of Tamil Nadu Land Encroachment Act, 1905, cannot be invoked.

¶5Accordingly, the impugned notices issued by the 2nd respondent in Na.Ka.A4/2010/2025 dated 24.03.2026 and in Na.Ka.A4/2010/2025 dated

18.05.2026, stand quashed and the authorities are directed to measure the property and re-do the exercise as observed earlier.

¶6The Writ Petitions are allowed accordingly. No costs. Consequently, connected miscellaneous petitions are closed. [N.S.K., J.] & [M.J.R., J.] Index : Yes / No

05.06.2026

: Yes / No bala To

¶1The District Collector, Karur District.

¶2The Tahsildar, Taluk Office, Kulithalai Taluk, Karur District. oN.SATHISHoKUMARoo,oJo. AND M.JOTHIRAMAN,oJ. bala o COMMONoORDERoMADEoIN W.P(MD)Nos.15153oando15154oofo2026 oDATEDo:oo05.06.2026o