J. Neelambal, Vs The Secretary to Government

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1^st respondent to dispose of the Stay application in revision filed by the petitioners on 15.06.2026 against the order of the 2^nd respondent dated 02.06.2026 made in Na.Ka.No.20642/ 2025/L5 and Notice dated 07.11.2025 issued under section 6 of the Tamil Nadu Land Encroachment Act, 1905 issued by the 4^th respondent in respect of the property comprised Survey No.780/2, situate at Pillipakuttai Village, Karkoodalpatti Bit-3 Revenue Village, Rasipuram Taluk, Namakkal District, within a stipulated time that may be fixed by this Honble Court

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For Petitioners: Mr.J.Shakul Hameed

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For Respondents: Mr.K.Surendar Government Advocate For R1 to R4

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Mr.N.Palanivel Government Advocate For R5

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ORDER

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(Order of the Court was made by Dr.G.Jayachandran J.)

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The petitioner herein was found to be in encroachment to an extent of 0.022.5 Hectares of land classified as a waterbody. Consequently, eviction

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proceedings were initiated by issuing notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, followed by an order under Section 6 of the Act.

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

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WP No. 23667 of 2026

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2. Aggrieved by the eviction order passed under Section 6 by the District Collector on 02.06.2026, the petitioner preferred an appeal/revision before the Government. Along with the said appeal, the writ petitioner also sought an interim stay on the operation of impugned order dated 02.06.2026.

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3. While the appeal/revision and stay petition were pending consideration, the Tahsildar, Rasipuram, addressed a communication to the Superintendent of Police, Namakkal, on 15.06.2026, requesting police protection to remove the subject encroachment. Apprehending forcible eviction with police assistance during the pendency of the appeal and stay petition, the petitioner has filed the present writ petition.

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4. The learned Government Advocate appearing for the respondents submitted that eviction proceedings were initiated after following due process of law. He further submitted that police protection was sought by the Collector to facilitate the removal of the encroachment. However, he stated that since the petitioner’s appeal is pending, the Government would consider and pass appropriate orders on the same within a period of two weeks.

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5. Recording the said submissions, this Writ Petition is disposed of

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with a direction to the first respondent to dispose of the petitioner’s appeal/revision on its merits and in accordance with law within a period of two

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

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WP No. 23667 of 2026

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weeks from the date of receipt of a copy of this order. Till such time, the enforcement order passed by the second respondent shall be kept in abeyance.

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Consequently, the connected Miscellaneous Petition is closed. No costs.

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(Dr.G.J.,J.) (N.M.,J.) 19-06-2026

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

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To

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1.The Secretary to Government, Revenue Department, Fort St. George, Secretariat, Chennai 600 009.

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2.The District Collector, Namakkal District, Namakkal.