✦ Madras High Court

Judgment · High Court

S M SUBRAMANIAM, C KUMARAPPAN

Case at a glance

Outcome

Dismissed

Granting liberty to the petitioner/encroacher to prefer an appeal under Section 10 of the Act, the present writ petition is dismissed

Provisions considered

Key paragraphs

  • Para 44. The Revenue InspectorChinnathambipalayam Village, Anthiyur T.K., Erode District. Respondent(s)PRAYERCall for the records of the impugned notice dated 29.10.2025 by the 4th respondent and quash the same as illegal and consequently direct the respondents 1 to 4 to issue patta to the petitioner in the…

Judgment

WP No. 49844 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 05-01-2026CORAMTHE HONOURABLE MR JUSTICE S. M. SUBRAMANIAMANDTHE HONOURABLE MR.JUSTICE C.KUMARAPPANWP No. 49844 of 20251. K.MahavishnuPetitioner(s)Vs1. The District CollectorErode District, Erode.

2.

The Revenue Divisional Officer / The Sub Collector, Gopichettipalayam, Erode District.

3.

The Tahsildar, Anthiyur T.K, Erode District.

Operative part

4.

The Revenue InspectorChinnathambipalayam Village, Anthiyur T.K., Erode District. Respondent(s)PRAYERCall for the records of the impugned notice dated 29.10.2025 by the 4th respondent and quash the same as illegal and consequently direct the respondents 1 to 4 to issue patta to the petitioner in the house site situated at Anthiyur Village, Re.S.No.1390 and Sub division No.1886/ 20 to an extent of 2727 square feet.1 / 5 https://www.mhc.tn.gov.in/judis WP No. 49844 of 2025 For Petitioner(s):Ms.A.NethraFor Respondent(s):Mr.T.Arun KumarAdditional Government Pleader For R1 - 4ORDER(Order of the Court was made by S.M.Subramaniam J.)Writ Petition has been instituted challenging the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as ‘the Act’).2. Learned counsel for the petitioner would submit that an explanation has been submitted by the petitioner along with the documents. That apart, a civil suit in OS.No.282 of 2017 is pending on the file of the Sub-ordinate Court, Bavani.3. In any event, no writ against show-cause notice under Section 7 is entertain able, and after considering the explanation, the competent authority has to issue final notice under Section 6 of the Act. 4. In the present case, learned Additional Government Pleader would submit that Section 6 notice has also been issued. That being the factum, an aggrieved person may prefer an appeal under Section 10 of the Act, 1905.2 / 5 https://www.mhc.tn.gov.in/judis WP No. 49844 of 20255. Granting liberty to the petitioner/encroacher to prefer an appeal under Section 10 of the Act, the present writ petition is dismissed. No costs. Consequently, the connection miscellaneous petitions, if any, are closed. (S.M.SUBRAMANIAM J.)(C.KUMARAPPAN J.)05-01-2026gdIndex: Yes/NoSpeaking/Non-speaking orderInternet: YesNeutral Citation: Yes/No3 / 5 https://www.mhc.tn.gov.in/judis WP No. 49844 of 2025To1.The District CollectorErode District, Erode. 2. The Revenue Divisional Officer / The Sub Collector, Gopichettipalayam, Erode District. 3. The Tahsildar, Anthiyur T.K, Erode District. 4. The Revenue InspectorChinnathambipalayam Vilalge, Anthiyur T.K., Erode District.4 / 5 https://www.mhc.tn.gov.in/judis WP No. 49844 of 2025S.M.SUBRAMANIAM J.ANDC.KUMARAPPAN J.gdWP No. 49844 of 2025 05-01-20265 / 5

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Granting liberty to the petitioner/encroacher to prefer an appeal under Section 10 of the Act, the present writ petition is dismissed

Which statutory provisions did this judgment involve?

Tamil Nadu Land Encroachment Act, 1905 — s. 7.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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