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2026 Supreme(Online)(Mad) 19166

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. SUBRAMANIAM, K. SURENDER, JJ
V.Raghu – Appellant
Versus
The District Collector Collectorate Office, Singaravelan Maligai, No.62,Rajaji Salai, Chennai-600 001. – Respondent
WP No. 8121 of 2026



Important Points

The right to appeal is preserved under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, subsequent to the issuance of a final notice.

Subject

Administrative Law - Land Encroachment

Act Referred

Headnote

The judgment analyses the procedural application of Section 6 of the Tamil Nadu Land Encroachment Act, 1905, regarding the final notice issued. Petitioner contends the issuance of the notice post-explanation submissions is improper. The Court determines that the petitioner retains the right to appeal under Section 10 of the Act. The Court concludes that the writ petition is dismissed without costs. The holder of the notice can further appeal to the District Collector.

Advocates:
For the Appellants/Petitioners: Mr.R Abdul Mubeen
For the Respondents: Mr.T.Arun Kumar Additional Government Pleader

Table of Content
1. challenge against final notice under land encroachment law. (Para 1)
2. petitioner retains right to appeal against notice issued. (Para 2)
3. writ petition dismissed; costs not awarded. (Para 3)

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

Writ on hand has been instituted challenging final notice under Section

6 of the Tamil Nadu Land Encroachment Act, 1905.

2. It is not in dispute that Section 7 notice was issued and petitioner submitted his explanation. Thereafter, the impugned Section 6 notice was issued. Thus, petitioner may prefer an appeal under Section 10 of the Act before the District Collector.

3. Granting liberty to the petitioner to prefer an appeal under Section 10 of the Act, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed.

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