Madras High Court Administrative and Public Law Property and Real Estate Law

Madras HC Defers Removal Of Compound Wall Until Collector Decides Land-Encroachment Appeal

BALASURBAMANIAN s/o.PERUMALv.The District collector

By LawLens Team · Editorial and Research TeamDecided October 28, 2026Published 3 November 2026 at 2:44 pm IST2 min read

The LawLens card for this judgment

In brief

The question

1. Whether further action to remove the alleged encroachment could be taken while the petitioner’s Section 10 appeal remained pending before the District Collector.

The court held

The Court disposed of the writ petition with directions that no further action be initiated until the District Collector disposed of the Section 10 appeal, and that the Collector decide the appeal on its merits, in accordance with law, after hearing the parties and as expeditiously as possible.

It also directed

No costs were awarded; any connected miscellaneous petitions were closed.

01Facts

The petitioner sought a writ of mandamus to quash the Tahsildar’s notice dated 17.08.2026 directing removal of an alleged encroachment, and to restrain demolition of a compound wall and barbed-wire fence on land in S. No. 688/4, Kadambuliyur Village.

p. 1

The petitioner had filed an appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, on 18.08.2026; that appeal was pending before the District Collector when the writ petition was considered.

p. 2

02Issues

i.1. Whether further action to remove the alleged encroachment could be taken while the petitioner’s Section 10 appeal remained pending before the District Collector.

p. 2

ii.2. Whether the District Collector should be directed to hear and dispose of that appeal before further action was initiated.

p. 2

03Law Applied

Section 10 of the Tamil Nadu Land Encroachment Act, 1905 provides the statutory appeal invoked by the petitioner against the Tahsildar’s order.

p. 2

The Court directed that further action be initiated only after disposal of the appeal, and that the District Collector decide it on the merits and in accordance with law, after affording the parties an opportunity to be heard.

p. 2

Provisions in the judgment · 1 · Linked ones open on LawLens

Tamil Nadu Land Encroachment Act, 1905 Section 10

04Reasoning

As the petitioner had already invoked the statutory appellate remedy and the appeal was pending before the District Collector, the Court directed that further action await the appeal’s disposal.

p. 2

It did not determine the merits of the encroachment allegation or the validity of the notice; instead, it required the Collector to conduct an enquiry with an opportunity for the parties to be heard and decide the appeal expeditiously.

p. 2