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2026 Supreme(Online)(Mad) 25797

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, B.PUGALENDHI, JJ
Ponmani – Appellant
Versus
The District Collector, Virudhunagar District – Respondent
W.P.(MD)No.7717 of 2026 | W.M.P.(MD)No.6297 of 2026



Advocates:
For the Appellants/Petitioners: Mr.SMA.Jinnah
For the Respondents: Mr.G.V.Vairam Santhosh, Additional Government Pleader

Section 6 of Tamil Nadu Land Encroachment Act inapplicable to patta (private) land.

Headnote:Tamil Nadu Land Encroachment Act, 1905, Section 6 permits action only against government land. Petitioner challenged notice issued under Section 6 claiming land as patta land with temple constructed thereon. Court found patta confirms private ownership, rendering notice erroneous. Issue: Validity of Section 6 notice on patta land. Ratio: Section 6 inapplicable to non-government property; patta evidence establishes private land status. Writ petition allowed; impugned notice quashed.

Table of Content
1. section 6 inapplicable to patta land (Para 2)

O R D E R

Heard both sides.

2.The petitioner questions the impugned order issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. According to the petitioner, the land in question is a patta land. It is well settled that Section 6 of the Act can be invoked only if the property belongs to the Government. A copy of the patta has also been enclosed in the typed of papers. It is seen therefrom that Survey No.7/1D is a patta land. It is only on the patta land, the petition mentioned temple has been constructed. In fact, the learned Additional Government Pleader is fair enough to state that the order appears to have been erroneously issued. Hence, we quash the same. This writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

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