The authority can act on public land regardless of pending litigation if the land is classified as 'Street'.

O R D E R

[Order of the Court was made by DR.G.JAYACHANDRAN, J.]

This writ petition is filed challenging the order, dated 09.02.2026, passed by the first respondent, under Section 10A of the Tamil Nadu Land Encroachment Act, 1905.

2. Learned counsel for the petitioners submits that the impugned order is a non-speaking order. The grounds of appeal, particularly, pendency of the suit filed by the petitioners herein and another seeking declaration and permanent injunction, raised by the petitioners before the first respondent were not considered. Learned counsel for the petitioners made a strenuous attempt to trace the history of the litigation, wherein the revenue authorities contended that the portion of the land in occupation of the petitioners herein is classified as “Street” in the revenue records, whereas the petitioners herein and other private parties claim that it is their patta land.

3. The litigative history in respect of the property comprised in Survey Nos.228/15 and 228/25 of South Paganur, Paganur Village, Srirangam Taluk, Trichy District, had commenced as early as in the year 2023 when the revenue authorities took steps to remove the construction put up by the petitioners in the area classified as “Street”. The writ petition in W.P.(MD) No.23171 of 2024 filed by the petitioners herein and another seeking a writ of mandamus forbearing the official respondents from taking any action of removing the structure put up by them in Survey No.228/25 was considered by the Division Bench of this Court in its order dated 26.09.2024 and the said writ petition was disposed of with the following observation:

“It is made clear that the respondents shall proceed strictly in accordance with law, that is, under the provisions of the Tamil Nadu Land Encroachment Act, 1905. If the petitioners are visited with the notice under Section 7 of the Act, it will be open to the petitioners to file their objections and the authorities will consider the objections and pass appropriate orders.”

4. Thereafter, a notice dated 03.04.2025, under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, was issued by the Tahsildar, Srirangam, to the petitioners to remove the Shed and iron fence put up by them encroaching the Street in Survey No.228/25. The said notice was challenged by the first petitioner herein by filing a writ petition in W.P.(MD) No.10018 of 2025 and the said writ petition was disposed of by this Court vide order dated 08.04.2025 by quashing the Section 6 notice, since it was issued without issuing Section 7 notice, which is re-requisite for issuing Section 6 notice. Subsequently, when Section 7 notice was issued to the petitioners, they submitted a representation in detail and the representation of the petitioners was considered and disposed of by the authority concerned. Thereafter, Section 6 notice was issued on 19.06.2025, by the Tahsildar, Srirangam. Challenging the same, the first petitioner filed a writ petition in W.P.(MD) No.18379 of 2025 contending that the objections given by him to Section 7 notice was not considered and arbitrarily, the Section 6 notice was issued. The Division Bench of this Court, after taking note of the said contention, dismissed the said writ petition, vide order dated 07.07.2025, with an observation that if at all the petitioner is aggrieved in any manner in respect of the Section 6 Notice, it is open to him to prefer an appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, before the authority concerned. Pursuant to the said observation, the petitioners herein and another preferred an appeal before the District Collector under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 and in the said appe