R.Selvi v. The State of Tamilnadu

ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) Disputed facts cannot be adjudicated in Writ Proceedings in exercise of the powers of judicial review under Article 226 of the Constitution of India. Such issues are to be decided by the competent authority based on documents in original and evidences.

¶2The learned counsel for the petitioner would submit that the land was already given to the petitioner. The learned Additional Government Pleader would oppose the same, contending that the petitioner has been identified as an encroacher in respect of land acquired for the benefit of Adi-Dravidars.

¶3In view of the dispute, the petitioner has to approach the appellate authority for effective adjudication of the disputed issues. In the present case, admittedly, notice under Section 7 of the Tamil Nadu Land Encroachment Act, was issued. After affording an opportunity to the petitioner, a final notice under Section 6 of the Act was issued. The said notice is under challenge. Since an appeal is contemplated under Section 10 of the Land Encroachment Act, liberty is granted to the petitioner to approach the appellate authority under Section 10 of the Act. Accordingly, the present Writ Petition stands dismissed. The petitioner is also at liberty to raise all the grounds before the appellate authority. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is also closed. (S.M.S., J.) (S.S., J.) 12-01-2026 Index: Yes

ASI To

¶1The Secretary State of Tamilnadu Department of Adi Deavidar and Tribal Welfare Ezhilagam chepauk, Chennai 636 115

¶2The Director Directorate of Adi Dravidar and Tribal Welfare, Ezhilagam Chepauk, Chenni 600 005

¶3The Dirctor Adi Dravidar Welfare Officer, District Collectorate, Salem

¶4The Special Tahsildar Adi Dravidar Welfare, Aathur WPoNo.o1220oofo2026 S.M.SUBRAMANIAMeJ. AND S.SOUNTHAReJ. ASI W.P.eNo.e1220eofe2026 and W.M.P.eNo.e1418eofe2026 12-01-2026 Pageo5oofo5

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-01-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE S. SOUNTHAR W.P. No. 1220 of 2026 and W.M.P. No. 1418 of 2026 R.Selvi W/o Radhaselvam, Door No 476, New Colony, Mettudaiyanpalayam, pethanaickenpalayam Taluk, Salem District 636 115 ..Petitioner(s) Vs 1. The State of Tamilnadu Rep by its Secretary, Department of Adi Deavidar and Tribal Welfare Ezhilagam chepauk, Chennai 636 115 2. The Director Directorate of Adi dravidar and Tribal Welfare, Ezhilagam Chepauk, Chenni 600 005 3. The Dirctor Adi Dravidar Welfare officer, District collectorate, Salem 4. The Special Tahsildar Adi Dravidar Welfare, Aathur ..Respondent(s) The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus calling for the records of the impugned order dated 30.12.2025 issued by the 4th respondnet herein and quash the same as the same is illega, without jurisdiction, violative of fundamental rights under Article 14, 15, 21 and 300-A of Constitutuion of Inida and Consequenlty direct the Respondnets herein not to interfere with the peaceful possession and enjoyment of the property in Plot No 68 measuring an extent of Ac 0.2 cents in the layout istuate in S. no 16/13 16/4, 28/1 and 28/2A of village No 97, mettudaiyanpalayam Village Pethanaickenpalayam Taluk, Salem District. For Petitioner(s): Mr. P. Dinesh Kumar For Respondent(s): Mr.T.Arunkumar Additional Government Pleader For R1 To R4 - - -