V.Veluchamy v. The District Collector

Order (Order of the Court was made by C.Kumarappan J.) The writ petition has been filed challenging the impugned notice issued under Section 6 of the Tamilnadu Land Encroachment Act,1905.

¶2It is the specific case of the petitioner that the property is under occupation of the petitioner for several years. However, it is well settled principles of law that the writ petition against notice is not maintainable unless such notice is issued by an incompetent authority. In the case in hand, it is not the case of the petitioner that the impugned notice is issued by an incompetent authority. Therefore, we deem it appropriate to relegate the petitioner to approach the appellate authority as contemplated under the Tamilnadu Land Encroachment Act, 1905. Since an appeal remedy is provided under section 10 of 1905 Act, the very writ petition is not maintainable.

¶3With the liberty to the petitioner to approach the appellate authority, the Writ Petition stands disposed of. No costs. Consequently, WMP.No.8251 of 2022 is ordered and WMP.Nos.8252 to 8254 of 2022 are closed. (S.M.S.,J.) (C.K.,J.) 18-02-2026 Index: Yes/No Speaking/Non-speaking order vsi Page5 of 6 To

¶1The District Collector Tiruppur District, Tiruppur.

¶2The Tahsildar Tiruppur North Taluk, Tiruppur.

¶3The Firka Revenue Inspector Velampalayam Village, Tiruppur North Taluk, Tiruppur.

¶4The Village Administrative Officer No.3, Chettipalayam Village,Tiruppur North Taluk, Tiruppur.

¶5The Assistant Engineer Public Works Department, (Water Resources Organisation Committee) Irrigation Section, Tiruppur. WPoNo.o8273oofo2022 S.M.SUBRAMANIAMoJ. AND C.KUMARAPPANoJ. VSI WPoNo.o8273oofo2022 18-02-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-02-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN AND WMP No. 8251 to 8254 8254 of 2022 1. V.Veluchamy S/o.Velu, No.5/6, East Street, Chettipalayam Village, Angeripalayam Post, Tiruppur District-641 603. 2. P.Somasundaram S/o.Palanisamy, No.5/10B, East Street, 3. S.Mathivanan S/o.Sivasubramani, No.5/13, East Street, 4. R.N.Rathinasamy S/o.Nallappan, No.5/8 and 5/11, East Street, 5. P.Kalamani W/o.Ponnusamy, No.5/10, East Street, 6. N.S.N.Aanandan S/o.Subburathinam, No.5/11-14, East Street, 7. K.Nanjappan S/o.Karuppusamy, No.6/79, East Street, Page2 of 6 8. K.Saraswathi W/o.Kandasamy, No.5/13, East Street, 9. N.Lakshmi S/o.R.Narayanasamy, No.5/13, East Street, 10.R.Sasi S/o.Ramasamy, No.5/13, East Street, 11.G.Ramamoorthi S/o.Ganesh, No.5/14, East Street, 12.R.Balanayagi W/o.Subbaiyan, No.5/18, East Street, 13.K.Rathinavel S/o.Kumarasamy, No.5/17, East Street, 14.Marathal W/o.Late.Govindasamy, No.5/19, East Street, 15.G.Lakshmi Narayan S/o.Govindaraj, No.5/18, East Street, 16.S.Cithara W/o.Sivanandam, No.5/18, East Street, Page3 of 6 17.M.Maheswari W/o.Mohanasundaram, No.5/19A, East Street, ..Petitioner(s) Vs 1. The District Collector Tiruppur District, Tiruppur. 2. The Tahsildar Tiruppur North Taluk, Tiruppur. 3. The Firka Revenue Inspector Velampalayam Village, Tiruppur North Taluk, Tiruppur. 4. The Village Administrative Officer No.3, Chettipalayam Village,Tiruppur North Taluk, Tiruppur. 5. The Assistant Engineer Public Works Department, (Water Resources Organisation Committee) Irrigation Section, Tiruppur. ..Respondent(s) To call for the records of the 5th respondents impugned Encroachment Notice dated 15.12.2021 and to set aside the same and directing the 2nd respondent to issue patta to the petitioners land. For Petitioner(s): MR.S.Kolandasamy For Respondent(s): Mr.T.Arun Kumar, AGP for R1 to R5. Page4 of 6