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P.Sridharan Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

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P.Sridharan Vs The District CollectorP.Sridharan v. The District Collector

Dismissed¶32

P.Sridharan v. The District Collector

Madras HC30 Jul 2025WP(MD)/20657/2025

Case brief

AI extract

What is this about?

W.P.(MD)No.20657 of 2025, Madras High Court Madurai Bench, decided 30.07.2025 (S.M.Subramaniam, J.; A.D.Maria Clete, J.). Writ of Certiorarified Mandamus under Article 226 against final notice dated 16.07.2025 by Tahsildar, Vedasanthur Taluk under Section 6, Tamil Nadu Land Encroachment Act, 1905, regarding land in S.No.331/1, Velvarkottai Village, Dindigul District. Held: writ not maintainable where statutory appeal under Section 10 of the Act is available and pending before the District Collector; petition dismissed, liberty to pursue appeal, no costs, connected W.M.P.(MD)No.15994 of 2025 closed.

What did the court decide?

Writ petition dismissed as not maintainable; petitioner granted liberty to pursue the appeal pending before the 1st respondent (District Collector); no costs; connected miscellaneous petition (W.M.P.(MD)No.15994 of 2025) closed.

Why is it important?

Since a final notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 is susceptible to an appeal under Section 10 of the Act, and such an appeal has already been preferred and is pending before the 1st respondent (District Collector), the writ petition is not maintainable. ¶32

What the court decided

AI extract

Outcome

Writ petition dismissed as not maintainable; petitioner granted liberty to pursue the appeal pending before the 1st respondent (District Collector); no costs; connected miscellaneous petition (W.M.P.(MD)No.15994 of 2025) closed.

Issue for consideration

Whether the writ petition challenging the final notice dated 16.07.2025 issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 is maintainable when an appeal under Section 10 of the Act lies against such notice. +1 more

Court's answer

Since a final notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 is susceptible to an appeal under Section 10 of the Act, and such an appeal has already been preferred and is pending before the 1st respondent (District Collector), the writ petition is not maintainable.

Detailed headnote1 paragraphs

Writ Petition (Madurai Bench of Madras High Court) dismissed as not maintainable. The petitioner had challenged, under Article 226 of the Constitution of India, a final notice dated 16.07.2025 issued by the Tahsildar, Vedasanthur Taluk (3rd respondent) under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 concerning land in S.No.331/1, Velvarkottai Village. Holding that a final notice under Section 6 of the Act is appealable under Section 10 of the Act, and noting counsel's submission that such an appeal was already preferred and pending before the District Collector, the Court held the writ petition not maintainable, dismissed it without costs, and granted the petitioner liberty to pursue the pending appeal; the connected miscellaneous petition was closed. Order authored by S.M.Subramaniam, J.; Bench comprised S.M.Subramaniam, J. and Dr. A.D.Maria Clete, J.

A

W.P.(MD)No.20657 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 30.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

AND

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

W.P.(MD)No.20657 of 2025 and W.M.P.(MD)No.15994 of 2025

P.Sridharan

... Petitioner

Vs.

1.The District Collector, Office of the District Collector, Dindigul District.

2.The Revenue Divisional Officer, Palani Division, Dindigul District.

3.The Tahsildar, Vedasanthur Taluk, Dindigul District.

4.The Revenue Inspector, Vadamadurai, Dindigul District.

5.The Block Development Officer, Vadamadurai Block, Dindigul District. ...Respondents

1/5

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.20657 of 2025

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned notice of the 3^rd respondent dated 16.07.2025 and quash the same as illegal and consequently, to direct the respondents not to interfere in the peaceful possession and enjoyment of the petitioner in the land in S.No.331/1, Velvarkottai Village, Vedasenthur Taluk, Dindigul District.

For Petitioner : Mr.M.Vivek Bharathi For Respondents : Mr.M.Sarangan, Additional Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J. )

This Writ Petition has been instituted, challenging the final notice dated

16.07.2025 issued by the 3^rd respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'the Act').

2.The final notice under Section 6 of the Act is susceptible to an appeal under Section 10 of the Act.

2/5

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.20657 of 2025

3.The learned counsel appearing for the petitioner made a submission

that the appeal has already been preferred and the same is pending before the 1^st respondent.

4.In view of the above, this Writ Petition is not maintainable and thus, the same is dismissed. However, the petitioner is at liberty to pursue the appeal, which is pending before the 1^st respondent. No costs. Consequently, connected miscellaneous petition is closed.

(S.M.S., J.) & (A.D.M.C., J.) 30.07.2025

NCC : Yes / No Index : Yes / No

Yuva

To

1.The District Collector, Office of the District Collector, Dindigul District.

2.The Revenue Divisional Officer, Palani Division, Dindigul District.

3/5

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.20657 of 2025

3.The Tahsildar, Vedasanthur Taluk, Dindigul District.

4.The Revenue Inspector, Vadamadurai, Dindigul District.

5.The Block Development Officer, Vadamadurai Block, Dindigul District.

4/5

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.20657 of 2025

S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

Yuva

W.P.(MD)No.20657 of 2025

30.07.2025

5/5

https://www.mhc.tn.gov.in/judis

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the writ petition challenging the final notice dated 16.07.2025 issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 is maintainable when an appeal under Section 10 of the Act lies against such notice.¶26
The court held
Since a final notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 is susceptible to an appeal under Section 10 of the Act, and such an appeal has already been preferred and is pending before the 1st respondent (District Collector), the writ petition is not maintainable.ratio¶32
2.
Whether the respondents may be restrained from interfering with the petitioner's peaceful possession and enjoyment of the land in S.No.331/1, Velvarkottai Village, Vedasenthur Taluk, Dindigul District.medium confidence¶20

Statutes considered

3 provisions across 2 enactments

AI extract

Constitution of IndiaArticle 226¶20
Tamil Nadu Land Encroachment Act, 1905Section 6¶25 Section 10¶26

Procedural history

How this case reached the court

AI extract

Order under challenge
Final notice dated 16.07.2025 issued by the 3rd respondent (Tahsildar, Vedasanthur Taluk) under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.¶20
The Tahsildar, Vedasanthur Taluk, Dindigul District (3rd respondent) · 16.07.2025
Prior proceeding
Appeal against the Section 6 final notice has already been preferred by the petitioner and is pending before the 1st respondent (District Collector), as submitted by petitioner's counsel.¶31

Parties & counsel

AI extract

petitioner
P.Sridharan¶9
M.Vivek Bharathi
respondent
The District Collector, Office of the District Collector, Dindigul District¶12
M.Sarangan
respondent
The Revenue Divisional Officer, Palani Division, Dindigul District¶13
respondent
The Tahsildar, Vedasanthur Taluk, Dindigul District¶14
respondent
The Revenue Inspector, Vadamadurai, Dindigul District¶15
respondent
The Block Development Officer, Vadamadurai Block, Dindigul District¶16

Coram

AI extract

S.M.Subramaniamauthor¶23
A.D.Maria Cletemember¶7

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 30 Jul 2025 · July
Registered: 25 Jul 2025
Case no.: WP(MD)/20657/2025
CNR: HCMD010897772025
Topic: Writ and Judicial Review
Bench: S.m. Subramaniam A.d.maria Clete
Disposal: DISMISSED
Case type: W.P.(MD)

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Cite this judgement

P.Sridharan v. The District Collector, WP(MD)/20657/2025 (MAD), decided on 30 July 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Constitution of IndiaArticle 226
Tamil Nadu Land Encroachment Act, 1905Section 6 · Section 10

View all statutes

Procedural history2

Final notice dated 16.07.2025 issued by the 3rd respondent (Tahsildar, Vedasanthur Taluk) under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.The Tahsildar, Vedasanthur Taluk, Dindigul District (3rd respondent) · 16.07.2025
Appeal against the Section 6 final notice has already been preferred by the petitioner and is pending before the 1st respondent (District Collector), as submitted by petitioner's counsel.

View full history

Bench / Coram

S.M.Subramaniam and A.D.Maria Clete

Parties & counsel