Allowed

M.Raju v. The District Collector

Madras HC24 Mar 2026WP/7945/2023

Case brief

AI extract

What is this about?

In a writ petition under Article 226 challenging a memo issued under the Tamil Nadu Land Encroachment Act, 1905, the court observed that Section 14 bars suits. It held that since the suit was dismissed, enforcement action can proceed. It directed official respondents to complete removal of encroachment within twelve weeks.

What did the court decide?

Directs official respondents to complete enforcement actions for removal of encroachments within twelve weeks of the order.

M.Raju Vs The District Collector — Land Acquisition | Madras HC (2026)

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W.P.No.7945 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 24.03.2026

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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 K. SURENDER

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W.P.No.7945 of 2023

M.Raju S/o.Muthu

... Petitioner

vs.

The District Collector Salem District Salem.

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The Revenue Divisional Officer Office of Division Sankari, Salem District.

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The Tahsildar Sankari Taluk Salem District.

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The Revenue Inspector Sankarapuram Sankari Taluk Salem District.

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The Block Development Officer Mahudanchavadi Salem District.

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Page Nos.1/5

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

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W.P.No.7945 of 2023

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6. The President Kaligoundamapalayam Panchayat Mahudanchavadi Union Sankari Taluk, Salem District.

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Kandasamy S/o.Perumal

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Mathiyalagan S/o.Kandasamy … Respondents

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Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by the 3^rd respondent dated 19.07.2019 in Na.Ka.No.2751/2018(k) and quash the same, and consequently, to direct the respondents 1 to 6 to remove the encroachment in S.Nos.55/3A and 55/3B, Kaligoundampalayam, Sankari Taluk, Salem District.

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For Petitioner : Mr.R.Marudhachalamurthy For Respondents : Mr.T.Arun Kumar Additional Government Pleader for R1 to R6 Ms.P.Ruthistra for Mr.B.Jawahar, for R7 and R8 *********

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O R D E R

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

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The present writ petition has been filed challenging the memo dated 19.07.2019 issued by the third respondent Tahsildar stating that a suit has

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Page Nos.2/5

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

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W.P.No.7945 of 2023

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been instituted challenging the notice issued under Section 7 of “ the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)” {hereinafter “1905 Act” for the sake of brevity}.

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2. Under Section 14 of 1905 Act, the suit is expressly barred and it is also brought to the notice of this Court that the said suit has already been dismissed. Thus, there is no impediment for the authorities to proceed with enforcement action for removal of encroachments by following the procedure as contemplated under the 1905 Act.

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3. The learned Additional Government Pleader, would submit that encroachments have already been identified by the competent authorities.

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4. In view of the above submission, the official respondents are directed to complete the enforcement actions within a period of twelve weeks from the date of receipt of a copy of this order.

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5. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.

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(S.M.S.,J.) (K.S.,J.) 24.03.2026

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

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Page Nos.3/5

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

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W.P.No.7945 of 2023

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The District Collector Salem District Salem.

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The Revenue Divisional Officer Office of Division Sankari, Salem District.

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The Tahsildar Sankari Taluk Salem District.

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The Revenue Inspector Sankarapuram Sankari Taluk Salem District.

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The Block Development Officer Mahudanchavadi Salem District.

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The President Kaligoundamapalayam Panchayat Mahudanchavadi Union Sankari Taluk Salem District.

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Page Nos.4/5

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

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W.P.No.7945 of 2023

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

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W.P.No.7945 of 2023

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24.03.2026

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Page Nos.5/5

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

M.Raju v. The District Collector

Case brief

What is this about?

What did the court decide?

M.Raju v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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