The court emphasized the right to appeal under the Tamil Nadu Land Encroachment Act, directing that appeals be entertained irrespective of limitation for fair resolution.

O R D E R

[Made by S.M.SUBRAMANIAM, J., The relief sought for in the present writ petition is to direct the respondents not to take any proceedings in furtherance of the notice issued under Section 6 of “the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)” {hereinafter “1905 Act” for the sake of brevity}

by the 4^th respondent dated 24.06.2025 and the consequential notice issued by the 5^th respondent in Na.Ka.No.1870/2025/A2 dated 12.01.2026, until the disposal of the statutory appeal filed by the petitioner under Section 10 of the 1905 Act before the 1^st respondent on 25.02.2026.

2. The learned counsel for the petitioner would submit that pursuant to the show cause notice issued under Section 7 of the 1905 Act, the petitioner submitted a representation and a final decision under Section 6 came to be issued. Challenging the said notice, the petitioner preferred an appeal before the District Revenue Officer, Salem. The petitioner, now seeks a direction for the disposal of the said appeal.

3. The learned Additional Government Pleader would submit that the appeal under Section 10 of the 1905 Act would lie before the District Collector, however, the petitioner has not preferred it before the competent authority.

4. Granting liberty to the petitioner to prefer an appeal under Section

10 of the 1905 Act, before the District Collector, the present writ petition stands disposed of. In the event of the petitioner preferring such an appeal, the District Collector shall entertain the same without reference to the period of limitation and decide the issue on merits and in accordance with law.

There shall be no order as to costs.