Disposed¶36

K.Balasubramaniyam, v. The District Collector

Madras HC22 Jan 2026WP/1080/2026

Case brief

AI extract

What is this about?

Tamil Nadu Land Encroachment Act 1905 Section 6 Section 7; absence of prior statutory notice; impugned Section 6 notice deemed/treated as Section 7 show-cause notice; Tahsildar Bhavani Taluk Erode; Na. Ka.735/2025/A2 dated 22.08.2025; Article 226 certiorarified mandamus; procedural fairness opportunity to explain; fifteen days to submit explanation; Madras High Court writ petition disposed.

What did the court decide?

Writ petition disposed of with the direction that the impugned Section 6 notice be treated as a notice under Section 7 of the Act and that the petitioner submit his explanation within fifteen (15) days; no order as to costs; connected Miscellaneous Petition closed. ¶36

K.Balasubramaniyam, Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

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2026:MHC:270

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WP No. 1080 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22-01-2026

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CORAM

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THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

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AND

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THE HON'BLE MR.JUSTICE C.KUMARAPPAN

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W.P. No. 1080 of 2026 and W.M.P.No.1258 of 2026

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K.Balasubramaniyam, S/o.Kandhan, Kamarajar Colony, Bhavani Main Road, Appakudal, Sakthinagar, Erode.

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..Petitioner(s)

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The District Collector, Erode District.

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The Tahsildar, Bhavani Taluk, Erode District.

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The Executive Officer(incharge), Appakudal Panchayat, Erode District.

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The Block Development Officer, Bhavani Panchayat Union, Bhavani Taluk, Erode District.

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..Respondent(s)

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__________ Page 1 of 4

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

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WP No. 1080 of 2026

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PRAYER : 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 notice issued by the 2^nd respondent vide Na. Ka.735/2025/A2 dated 22.08.2025 and quash the same.

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For Petitioner(s): Mr.S.Dinuprashanth

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For Respondent(s): Mr.T.Arun Kumar

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Additional Government Pleader For R1 to R3

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ORDER

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(Order of the Court was made by C.KUMARAPPAN, J.)

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The present Writ Petition has been filed assailing the final notice issued

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to the petitioner under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.

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The learned counsel for the petitioner would vehemently contend that

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no prior notice was issued to the petitioner before issuance of the impugned notice under Section 6 of the Act.

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When we put the pertinent question to the learned Additional Government Pleader, he was also not in a position to confirm as to whether a notice under Section Section 7 of the Act had been issued to the petitioner.

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Page 2 of 4

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

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WP No. 1080 of 2026

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Therefore, we are of the considered view that, since no notice has been issued under Section 7 of the Act to the petitioner, we deem it fit to treat the impugned notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, as a notice issued under Section 7 of the Act. Accordingly, the petitioner is directed to submit his explanation within a period of fifteen (15) days from the date of receipt of a copy of this order.

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