Mahendran Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

Mahendran Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Direction to the 1st respondent/District Collector to dispose of the statutory appeal in order of seniority, on merits and in accordance with law, as expeditiously as possible; writ petition disposed of with no costs and connected miscellaneous petition (W.M.P.No.14138 of 2026) closed.

Issue for consideration

Whether the 1st respondent/District Collector should dispose of the petitioner's appeal dated 15.03.2026 (under Section 10 of the 1905 Act) against the order dated 18.07.2025 of the 3rd respondent, and consider the petitioner's request for grant of patta to the land admeasuring 2755 sq.ft in Survey No.318, Kupandampalayam Village, Anthiyur Taluk, Erode.

Court's answer

The 1st respondent/District Collector shall dispose of the statutory appeal in order of seniority, on merits and in accordance with law, as expeditiously as possible.

Ratio / Principle

The writ petition is disposed of with no costs, and the connected miscellaneous petition is closed.

Detailed headnote1 paragraphs

Madras High Court (S.M. Subramaniam, J., making the order, with K. Surender, J.) disposed of W.P.No.12946 of 2026 (Mahendran S/o.Rangasamy v. The District Collector, Erode and others), a writ of mandamus under Article 226 of the Constitution of India. The petitioner, identified as an encroacher on Government land, had been served a notice under Section 7 and a final notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 pursuant to the order dated 18.07.2025 on the file of the Thasildar, Anthiyur Taluk (3rd respondent), and had preferred an appeal under Section 10 of the 1905 Act before the District Collector, Erode (dated 15.03.2026), which was pending. The court directed the 1st respondent/District Collector to dispose of the statutory appeal in order of seniority, on merits and in accordance with law, as expeditiously as possible, and disposed of the writ petition with no costs, closing the connected miscellaneous petition. The prayer also sought consideration of the request for grant of patta to the land admeasuring 2755 sq.ft out of a larger extent comprised in Survey No.318, situated at Kupandampalayam Village, Anthiyur Taluk, Erode.

W.P.No.12946 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND

THE HON'BLE MR.JUSTICE K. SURENDER

W.P.No.12946 of 2026 and

W.M.P.No.14138 of 2026

Mahendran S/o.Rangasamy

... Petitioner

vs.

The District Collector Erode Erode District.

The Revenue Divisional Officer Gobichettipalayam Erode.

The Thasildar Anthiyur Taluk Erode District. … Respondents

Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the 1st respondent to dispose of the appeals dated 15.03.2026 filed by the petitioner against the orders dated 18.07.2025 on the file of the 3rd respondent and issue direction to consider

Page Nos.1/4

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

W.P.No.12946 of 2026

the request of the petitioner for grant of patta to the aforesaid land admeasuring 2755 sq.ft out of larger extent comprised in Survey Number 318 situated at Kupandampalayam Village, Anthiyur Taluk, Erode.

For Petitioner : Mr.D.Nandhagopal For Respondents : Mr.T.Arun Kumar Additional Government Pleader *********

O R D E R

[Made by S.M.SUBRAMANIAM, J., ]

The writ of mandamus has been instituted to direct the 1^st respondent to dispose of the appeal dated 15.03.2026 filed by the petitioner against the order dated 18.07.2025 on the file of the 3^rd respondent, and issue a direction to consider the request of the petitioner for the grant of patta to the aforesaid land admeasuring 2755 Sq.ft out of a larger extent comprised in Survey No.318, situated at Kupandampalayam Village, Anthiyur Taluk, Erode.

The petitioner has been identified as an encroacher on Government land by the revenue authorities. A notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 [hereinafter be referred to as ‘1905 Act’ for the sake of brevity] was issued and after affording an Page Nos.2/4

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

W.P.No.12946 of 2026

opportunity, a final notice under Section 6 of the 1905 Act came to be

issued.

Learned counsel for the petitioner would submit that the petitioner preferred an appeal under Section 10 of the 1905 Act before the District Collector, which is pending.

In view of the above facts, the 1^st respondent/District Collector shall dispose of the statutory appeal in order of seniority, on merits and in accordance with law, as expeditiously as possible.

Accordingly, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

(S.M.S.,J.) (K.S.,J.) 08.04.2026

Index : Yes Neutral Citation : Yes / No Speaking order / Non-speaking order

mk

Page Nos.3/4

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

W.P.No.12946 of 2026

S. M. SUBRAMANIAM, J., and K. SURENDER, J.,

mk

To

The District Collector Erode Erode District.

The Revenue Divisional Officer Gobichettipalayam Erode.

The Thasildar Anthiyur Taluk Erode District.

W.P.No.12946 of 2026

08.04.2026

Page Nos.4/4

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