Allowed¶27

Nagarajan M v. The District Collector

Madras HC5 Jun 2026WP(MD)/15153/2026

Case brief

AI extract

What is this about?

W.P(MD)Nos.15153 and 15154 of 2026, Madurai Bench of Madras High Court, order dated 05.06.2026 by N.Sathish Kumar, J. (Coram with M.Jothiraman, J.): certiorari under Article 226 quashing Tahsildar's encroachment notices (Na.Ka.A4/2010/2025 dated 24.03.2026 and 18.05.2026) under Sections 7 and 6, Tamil Nadu Land Encroachment Act, 1905; natham land; Patta Nos.313, 521, 641 dated 01.02.2024; Survey No.807 (Old Survey No.216), Kulithalai Taluk, Karur District; District Collector and Tahsildar respondents; survey directed, fresh proceedings only beyond patted extent; petitions allowed, no costs.

What did the court decide?

Both writ petitions allowed: impugned notices of the 2nd respondent quashed; authorities directed to measure the property and redo the exercise; no costs; connected miscellaneous petitions closed. ¶27

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

What the court decided

AI extract

Outcome

Both writ petitions allowed: impugned notices of the 2nd respondent quashed; authorities directed to measure the property and redo the exercise; no costs; connected miscellaneous petitions closed.

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Issue for consideration

Whether the impugned encroachment notices issued under Sections 7 and 6 of the Tamil Nadu Land Encroachment Act, 1905 can stand where the petitioners hold pattas over land classified as natham.

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Court's answer

Although an effective alternative remedy was available, the Court declined to relegate the petitioners to it because the subject land is not Government land, pattas (Patta Nos.313, 521 and 641) were granted on 01.02.2024, and the land is classified as natham land; therefore invoking the provisions of the Tamil Nadu Land Encroachment Act, 1905 will not arise.

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Ratio / Principle

Where the houses constructed fall within the area covered under the natham patta lands, the provisions of the Tamil Nadu Land Encroachment Act, 1905 cannot be invoked; only if there is encroachment beyond the areas mentioned under Patta Nos.313, 521 and 641 can the authorities initiate fresh proceedings after survey.

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Key takeaways

The impugned notices issued in Na.Ka.A4/2010/2025 dated 24.03.2026 and 18.05.2026 stand quashed, and the authorities are directed to measure the property and redo the exercise as observed earlier.ratio¶26

Detailed headnote1 paragraphs

Tamil Nadu Land Encroachment Act, 1905 — Notices under Sections 7 and 6 issued by Tahsildar, Kulithalai Taluk, Karur District, quashed via Writ of Certiorari under Article 226. Subject land is not Government land: pattas (Patta Nos.313, 521 and 641 dated 01.02.2024) were granted covering 0-1.40, 0-0.82 and 0-0.50 hectares in Survey Nos.807/1, 807/14 and 807/15, and the land is classified as natham; hence invoking the Act does not arise. Where constructions fall within natham patta lands the Act cannot be invoked; authorities directed to survey, and may initiate fresh proceedings only for encroachment beyond the patted extent. Effective alternative remedy not insisted upon. Writ petitions allowed; no costs; connected miscellaneous petitions closed.

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W.P(MD)Nos.15153 & 15154 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 05.06.2026

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CORAM

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THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN

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W.P(MD)Nos.15153 and 15154 of 2026 and WMP(MD)Nos.11353, 11354, 11355 and 11357 of 2026

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M.Nagarajan ... Petitioner in W.P.15153/2026 P.Marimuthu ... Petitioner in W.P.15154/2026

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Vs.

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The District Collector, Karur District.

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The Tahsildar, Taluk Office, Kulithalai Taluk, Karur District.

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...Respondents in both cases

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PRAYER :- Writ Petitions filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned notices issued by the 2^nd respondent in Na.Ka.A4/2010/2025 dated 24.03.2026 and in Na.Ka.A4/2010/2025 dated 18.05.2026 and quash the same as illegal.

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For Petitioner(in both WPs) : M/s.V.Sundari For Respondents : Mr.S.Venkatesh Government Advocate

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1/4

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

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W.P(MD)Nos.15153 & 15154 of 2026

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COMMON ORDER

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(Order of the Court was made by N.SATHISH KUMAR, J.)

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Challenging the notices issued under Sections 7 and 6 of the Tamil Nadu Land Encroachment Act, 1905, the present writ petitions have been filed.

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Though effective alternative remedy is available, we are not inclined to relegate the petitioners to avail such remedy, since it is brought to the notice of this Court by the learned counsel for the petitioners that the subject land is not a Government land and in fact, pattas have been given to the petitioners in respect of the subject land vide Patta Nos.313, 521 and 641 on 01.02.2024. Further, the subject land is classified as natham land. Such being the position, invoking the provisions of the Tamil Nadu Land Encroachment Act, 1905, will not arise.

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It is the contention of the learned Government Advocate appearing for the respondents that there are encroachments in the subject Survey No.807 [Old Survey No.216].

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Admittedly, pattas have been granted to the petitioners for 0-1.40, 0-0.82 and 0-0.50 Hectares of land in Survey No.807/1, 807/14 and 807/15 respectively. In such a view of the matter, let the authorities survey the area in question. In the event, there has been any encroachment beyond the area 2/4

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

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W.P(MD)Nos.15153 & 15154 of 2026

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mentioned under the Patta Nos.313, 521 and 641, then the authorities can initiate fresh proceedings. If the houses constructed fall within the area covered under the natham patta lands, the provisions of Tamil Nadu Land Encroachment Act, 1905, cannot be invoked.

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Accordingly, the impugned notices issued by the 2^nd respondent in Na.Ka.A4/2010/2025 dated 24.03.2026 and in Na.Ka.A4/2010/2025 dated 18.05.2026, stand quashed and the authorities are directed to measure the property and re-do the exercise as observed earlier.

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