Case Note & Summary
The petitioner, M.Shanthi, filed a writ petition challenging the proceedings of the District Collector, Tiruvannamalai, dated 05.01.2026, which confirmed the eviction notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, for encroaching upon a cart track in S.No.306/2 of Erumaivetti village. The petitioner had earlier filed W.P.No.21937 of 2025 seeking disposal of her statutory appeal and stay petition, which was disposed of on 18.06.2025 recording that the appeal and stay petition stood withdrawn. Relying on this, the petitioner contended that the subsequent order by the District Collector was without jurisdiction. The court noted that it was not in dispute that the petitioner encroached upon a cart track, which even if within patta land, must be maintained as a cart track for public benefit under Revenue Standing Order 26(15). The court held that since the appeal was withdrawn, the impugned order could not be sustained and remitted the matter to the District Collector for fresh adjudication, directing the petitioner to file a fresh appeal within two weeks and the Collector to dispose of it within eight weeks thereafter. The writ petition was disposed of accordingly.
Headnote
A) Land Law - Encroachment on Cart Track - Revenue Standing Order 26(15) - Cart track, even if falling within patta land, must be maintained only as a cart track for the benefit of the people at large as per Revenue Standing Order 26(15) - The petitioner encroached upon a cart track causing obstruction to farmers and public - Held that the encroachment cannot be justified merely because the land is patta land (Paras 2, 4). B) Land Law - Statutory Appeal - Withdrawal of Appeal - Tamil Nadu Land Encroachment Act, 1905, Section 10 - The petitioner filed a statutory appeal under Section 10 which was withdrawn by order of the High Court in W.P.No.21937 of 2025 dated 18.06.2025 - The District Collector thereafter passed the impugned order on 05.01.2026 - Held that the appeal having been withdrawn, the order passed thereafter is without jurisdiction and the matter must be remitted for fresh adjudication (Paras 3, 4).
Issue of Consideration
Whether the petitioner's encroachment on a cart track recorded in revenue records can be justified on the ground that the land is patta land, and whether the appeal order passed after withdrawal of earlier appeal is valid.
Final Decision
The writ petition is disposed of. The impugned order dated 05.01.2026 is set aside. The petitioner is directed to file a fresh statutory appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 within two weeks. The District Collector is directed to dispose of the appeal within eight weeks thereafter, after affording opportunity of hearing. No costs.
Law Points
- Cart track even if within patta land must be maintained as cart track for public benefit
- Revenue Standing Order 26(15)
- Tamil Nadu Land Encroachment Act 1905 Sections 6
- 7
- 10
- statutory appeal withdrawal does not bar fresh appeal
