Case Note & Summary
The petitioner, A. Rajagopal, filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to restrain the respondents from taking proceedings in furtherance of a notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) by the 4th respondent dated 24.06.2025 and a consequential notice by the 5th respondent dated 12.01.2026, until the disposal of a statutory appeal filed by the petitioner under Section 10 of the Act before the 1st respondent on 25.02.2026. The petitioner had earlier received a show cause notice under Section 7, submitted a representation, and a final decision under Section 6 was issued. Challenging that notice, the petitioner preferred an appeal before the District Revenue Officer, Salem. The learned Additional Government Pleader submitted that the appeal under Section 10 lies before the District Collector, not the District Revenue Officer. The court, noting the procedural error, granted liberty to the petitioner to prefer an appeal under Section 10 before the District Collector. The writ petition was disposed of with a direction that if such an appeal is preferred, the District Collector shall entertain it without reference to the period of limitation and decide the issue on merits and in accordance with law. No order as to costs.
Headnote
A) Land Law - Encroachment - Statutory Appeal - Section 10 of Tamil Nadu Land Encroachment Act, 1905 - The petitioner challenged a notice under Section 6 of the Act and filed an appeal before the District Revenue Officer instead of the District Collector. The court held that the appeal under Section 10 lies before the District Collector and granted liberty to the petitioner to file a fresh appeal, directing the Collector to decide on merits without reference to limitation. (Paras 2-4)
Issue of Consideration
Whether the writ petition seeking to restrain proceedings under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 pending disposal of a statutory appeal should be entertained.
Final Decision
Writ petition disposed of granting liberty to petitioner to prefer appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 before the District Collector. If such appeal is preferred, the District Collector shall entertain it without reference to period of limitation and decide on merits. No order as to costs.
Law Points
- Writ of Mandamus
- Statutory appeal
- Limitation
- Alternative remedy
Case Details
2026 LawText (MAD) (04) 136
S. M. Subramaniam, K. Surender
Mr. A. Saravanan (for petitioner), Mr. T. Arun Kumar (Additional Government Pleader for R1 to R4), Mr. R. Kumaravel (Additional Government Pleader for R5)
The District Collector, Salem; The District Revenue Officer, Salem; The Revenue Divisional Officer, Salem; The Tahsildar, Edappadi Taluk; The Block Development Officer, Konganapuram Panchayat Union
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Article 226 seeking a Writ of Mandamus to restrain proceedings under the Tamil Nadu Land Encroachment Act, 1905.
Remedy Sought
Direction to respondents not to take proceedings in furtherance of notice under Section 6 dated 24.06.2025 and consequential notice dated 12.01.2026 until disposal of statutory appeal under Section 10.
Filing Reason
Petitioner challenged a notice under Section 6 of the Act and filed an appeal before the District Revenue Officer instead of the District Collector.
Previous Decisions
Show cause notice under Section 7 was issued, petitioner submitted representation, final decision under Section 6 was issued.
Issues
Whether the writ petition seeking to restrain proceedings under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 pending disposal of a statutory appeal should be entertained.
Submissions/Arguments
Petitioner's counsel: Pursuant to show cause notice under Section 7, petitioner submitted representation and final decision under Section 6 was issued; petitioner preferred appeal before District Revenue Officer and seeks direction for disposal.
Respondent's counsel: Appeal under Section 10 lies before District Collector, not District Revenue Officer.
Ratio Decidendi
The statutory appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 lies before the District Collector, not the District Revenue Officer. The court granted liberty to file a fresh appeal and directed the Collector to decide without limitation bar.
Judgment Excerpts
Granting 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.
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.
Procedural History
Petitioner received show cause notice under Section 7, submitted representation, final decision under Section 6 issued on 24.06.2025. Consequential notice issued on 12.01.2026. Petitioner filed appeal under Section 10 before District Revenue Officer on 25.02.2026. Present writ petition filed seeking restraint pending appeal.
Acts & Sections
- Tamil Nadu Land Encroachment Act, 1905: Section 6, Section 7, Section 10
