Dismissed¶32

K.Mahavishnu v. the District Collector

Madras HC5 Jan 2026WP/49844/2025

Case brief

AI extract

What is this about?

Madras High Court 2026 WP 49844 of 2025 - writ against Section 7 show-cause notice, Tamil Nadu Land Encroachment Act 1905, not entertainable; Section 6 final notice; Section 10 appeal remedy; patta claim Anthiyur Village Re.S.No.1390; pending suit OS.No.282 of 2017 Sub-ordinate Court Bavani; dismissed with liberty, no costs.

What did the court decide?

Liberty granted to the petitioner/encroacher to prefer an appeal under Section 10 of the Act; writ petition dismissed with no costs; connected miscellaneous petitions, if any, closed. ¶32

K.Mahavishnu Vs the District Collector — Madras HC (2026) — LawSathi Research

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2026:MHC:118

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WP No. 49844 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05-01-2026

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CORAM

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THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

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WP No. 49844 of 2025

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K.Mahavishnu

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Petitioner(s)

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The District Collector Erode District, Erode.

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2.The Revenue Divisional Officer / The Sub Collector, Gopichettipalayam, Erode District.

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3.The Tahsildar, Anthiyur T.K, Erode District.

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4.The Revenue Inspector Chinnathambipalayam Village, Anthiyur T.K., Erode District.

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Respondent(s)

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PRAYER

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Call for the records of the impugned notice dated 29.10.2025 by the 4th respondent and quash the same as illegal and consequently direct the respondents 1 to 4 to issue patta to the petitioner in the house site situated at Anthiyur Village, Re.S.No.1390 and Sub division No.1886/ 20 to an extent of 2727 square feet.

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

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WP No. 49844 of 2025

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For Petitioner(s): Ms.A.Nethra

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For Respondent(s): Mr.T.Arun Kumar Additional Government Pleader For R1 - 4

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ORDER (Order of the Court was made by S.M.Subramaniam J.)

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Writ Petition has been instituted challenging the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as ‘the Act’).

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Learned counsel for the petitioner would submit that an explanation has been submitted by the petitioner along with the documents. That apart, a civil suit in OS.No.282 of 2017 is pending on the file of the Sub-ordinate Court, Bavani.

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In any event, no writ against show-cause notice under Section 7 is entertainable, and after considering the explanation, the competent authority has to issue final notice under Section 6 of the Act.

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In the present case, learned Additional Government Pleader would submit that Section 6 notice has also been issued. That being the factum, an aggrieved person may prefer an appeal under Section 10 of the Act, 1905.

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

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WP No. 49844 of 2025

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