Murugavel, vs THE DISTRICT COLLECTOR

2026:MHC:4457
WP No. 43404 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-11-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP No. 43404 of 2026
CNR:{HCMA012411682026}
AND
WP No. 43408 of 2026
WP No. 43404 of 2026:
Murugavel
..Petitioner(s)
Vs
1. The District Collector
Kallakurichi District Collector Office,
Kallakurichi District.
2. The Revenue Divisional Officer,
Ulundurpettai RDO Office, Kallakurichi
District.
3. The Tahsildar,
Ulundurpettai Tahsildar Office, kallakurichi
District.
..Respondent(s)
WP No. 43408 of 2026:
CNR:{HCMA012411692026}
Dhanavel
..Petitioner(s)
Vs
1. The District Collector
kallakurichi District Collector Office,
kallakurichi District.
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2026:MHC:4457
WP No. 43404 of 2026
2. The Revenue Divisional Officer,
Ulundurpettai RDO Office, Kallakurichi
District.
3. The Tahsildar,
Ulundurpettai Tahsildar Office, kallakurichi
District.
..Respondent(s)
WP.No.43404 of 2026: Writ Petition filed under Article 226 of the
Constitution of India issuing writ of certiorarified mandamus to call for the
entire records pertinenting to the impugned order passed by the 3rd
respondent under section 7 of the Tamilnadu Land Encroachment Act,
1905 in Na.Ka.A3/2143/2026, dated 15.09.2026 and consequently
directing the respondents to conduct proper field inspection, survey in
the petitioner land and to carry out corrections in village FMB and other
records of the village and to issue separate patta for the petitioner house
on the basis of his present representation dated 13.10.2026 and earlier
representations dated 23.09.2026, 18.01.2019 in person.
WP No. 43408 of 2026: Writ Petition filed under Article 226 of the
Constitution of India issuing writ of certiorarified mandamus to call for the
entire records pertinenting to the impugned order passed by the 3rd
respondent under section 7 of the Tamilnadu Land Encroachment Act,
1905 in Na.Ka.A3/2143/2026, dated 15.09.2026 and consequently
directing the respondents to conduct proper field inspection, survey in
the petitioner land and to carry out corrections in village FMB and other
records of the village and to issue separate patta for the petitioner house
on the basis of his present representation dated 13.10.2026 and earlier
representations dated 23.09.2026, 18.01.2019 in person.
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2026:MHC:4457
WP No. 43404 of 2026
In both Writ Petitions
For Petitioner(s): Mr.C.R.Gokulvisvas
For Respondent(s): Mr.K.Surender
Special Government Pleader For R 1-3
Common Order
(Order of the Court was made by S.M.Subramaniam J.)
The present writ petitions have been instituted challenging the
show cause notice issued under Section 7 of the Tamil Nadu Land
Encroachment Act, 1905.
2. No writ against a show cause notice is maintainable unless such
notice has been issued by an incompetent authority having no
jurisdiction or is tainted with allegations of malafide.
3. In the present case, learned counsel for the petitioners would
submit that survey has not been conducted properly. Classification has
been erroneously stated. He would further submit that said land is a
Natham land.
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2026:MHC:4457
WP No. 43404 of 2026
4. Even natham land cannot be occupied nor ownership be
claimed. Government is empowered to deal with the natham land in
accordance with Revenue Standing Order 21. Natham lands are to be
either used for public purposes or to be assigned to the homeless poor
persons to an extent of three cents as stipulated under Revenue
Standing Order.
5. Therefore, mere occupation of natham land would not confer
any ownership. Such occupants are to be treated as encroachers and
the competent authority is empowered to deal with the provisions of the
Tamil Nadu Land Encroachments Act, 1905 and remove such
encroachers, who are in occupation of the natham land.
6. The grounds raised by the learned counsel for the petitioners
may be raised by way of a representation / explanation in response to
the impugned show cause notice issued under Section 7 of the Act. On
receipt of such explanation, competent authority shall consider the same
and thereafter take a final decision, and if encroachments are identified,
then issue final notice under Section 6 of the Act and thereafter, proceed
with the enforcement action for removal of encroachments.
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2026:MHC:4457
WP No. 43404 of 2026
7. Granting liberty to the petitioners to submit their explanation in
response to the notice under Section 7 of the Act, the present writ
petitions stand dismissed. No costs. Consequently, connected
miscellaneous petitions, if any, are closed.
(S.M.S.,J.) (R.R.V.,J.)
02-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
GD
To
1. The District Collector
kallakurichi District Collector Office,
kallakurichi District.
2. The Revenue Divisional Officer,
Ulundurpettai RDO Office, Kallakurichi
District.
3. The Tahsildar,
Ulundurpettai Tahsildar Office, kallakurichi
District.
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2026:MHC:4457
WP No. 43404 of 2026
S.M.SUBRAMANIAM J.
AND
R.RAJESH VIVEKANANTHAN J.
GD
WP No. 43404 of 2026
AND
WP NO. 43408 OF 2026
02-11-2026
2/2
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