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2026 Supreme(Online)(Mad) 23156

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
S.Jeyaraj – Appellant
Versus
The District Collector, Theni Collectorate Office, Theni District. – Respondent
W.P(MD)No.6674 of 2026



Advocates:
For the Appellants/Petitioners: Mr.T.T.Nishanth
For the Respondents: Mr.D.Sasikumar Additional Government Pleader

Court upheld that the petitioner's remedy lies with the appellate authority under the Tamil Nadu Land Encroachment Act, 1905.

Headnote:The petitioner filed a Writ Petition under Article 226 of the Constitution for a Mandamus directing the District Collector to consider representation dated 09.02.2026. The court noted that action under the Tamil Nadu Land Encroachment Act, 1905 had been initiated; hence, the court refused to entertain the petition, deeming it appropriate to challenge the order before appellate authority. Resulting in dismissal of the petition.

Table of Content
1. petition for a direction to consider representation. (Para 1)
2. court noted ongoing action under relevant statute. (Para 2 , 3)
3. conclusion of dismissal of the writ petition. (Para 4)

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

The petitioner has filed the present Writ Petition seeking a direction to the first respondent to consider the petitioner’s representation dated 09.02.2026.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3.On perusal of the materials available on record, it is seen that action under Sections 7 and 6 of the Tamil Nadu Land Encroachment Act, 1905 has already been initiated against the petitioner by the third respondent.

4.In such circumstances, if the petitioner is aggrieved by the order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, it is open to the petitioner to challenge the same before the appropriate appellate authority, namely, the District Collector, in the manner known to law. Hence, this Court is not inclined to entertain the present Writ Petition. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs.

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