WP/12635/2026 of A.Rajagopal Vs The District Collector

W.P.No.12635 of 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 W.P.No.12635 of 2026 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 https://www.mhc.tn.gov.in/judis W.P.No.12635 of 2026 Page Nos.2/5 Writ Petitions filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents 1 t o 5 not to take any proceedings in furtherance to the notice under Sectio n 6 of the Tamil Nadu Act 3 of 1905 issued by the 4 th respondent dated 24.06.2025 and consequential notice issued by the 5 th 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 ***** 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 th e sake of brevity} https://www.mhc.tn.gov.in/judis W.P.No.12635 of 2026 Page Nos.3/5 by the 4th respondent dated 24.06.2025 and the consequential notice issued by the 5 th 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. 2. The learned counsel for the petitioner would submit tha t pursuant to the show cause notice issued under Section 7 of the 1905 Act, the petitioner submitted a representation and a final decision und er Section 6 came to be issued. Challenging the said notice, the petitioner preferred an appeal before the District Revenue Officer, Salem. The peti tioner, now seeks a direction for the disposal of the said appeal. 3. The learned Additional Government Pleader would submit that the appeal under Section 10 of the 1905 Act would lie before t he District Collector, however, the petitioner has not preferred it before the competent authority. 4. Granting liberty to the petitioner to prefer an appea l under Section 10 of the 1905 Act, before the District Collector, the prese nt writ petition stands disposed of. In the event of the petitioner preferring such an appeal, https://www.mhc.tn.gov.in/judis W.P.No.12635 of 2026 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 Neutral Citation : Yes / No Speaking order / Non-speaking order mk To 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. https://www.mhc.tn.gov.in/judis W.P.No.12635 of 2026 Page Nos.5/5 S. M. SUBRAMANIAM, J., and K. SURENDER, J., mk W.P.No.12635 of 2026 01.04.2026 https://www.mhc.tn.gov.in/judis