When patta has been granted to a third party and an inter se dispute exists with pending statutory appeal, encroachment removal proceedings cannot proceed and parties must resolve issues through proper legal channels.

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

Writ Petition has been instituted challenging the final notice dated 14.10.2025 issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1907.

2. District Collector filed a counter affidavit. The relevant paragraphs are extracted hereunder, “…

14. In compliance with the orders passed by this Hon'ble Court, the then Tahsildar, Sankarapuram, relying upon the judgment dated 21.12.2005 in O.S.No.642 of 2001 passed by the Hon'ble Principal Additional District Civil Court, Kallakurichi, ordered issuance of patta for Survey No.12/20 measuring 0.00.75 ares in Thimmananthal Village in favour of Thiru.Anbazhagan, S/o Chinnathambi, one of the legal heirs of Chinnathambi, and cancelled the patta earlier issued in favour of Kannusamy S/o Vaiyapuri, vide proceedings Na.Ka.A4/064/2025 dated 21.02.2025.

15. Thereafter, the petitioner filed W.P. No. 12076 of 2025 before the Hon'ble High Court of Madras seeking implementation of the said Tahsildar's order, and this Hon'ble Court, by order dated 15.04.2025, directed as follows:

“In view of the same, the 3^rd respondent shall take steps to upload the same in the online mode within a period of one week from the date of receipt of a copy of this order.”

16. In the meantime, since patta stood in the name of Panchayat Union Primary School, Thimmananthal, for Survey No.12/20A measuring 0.00.56 ares, Thiru.Sankar S/o Kannusamy submitted a petition to the Sankarapuram Block Development Officer seeking removal of encroachments. Based on the communication received from the Block Development Officer, Form-I containing details of the alleged encroachers was forwarded on 13.10.2025, and consequently, Form-VI notice was issued on

14.10.2025.

17. Subsequently, seeking implementation of the order passed in W.P. No.12076 of 2025, the petitioner filed Contempt Petition No.3410 of 2025 before the Hon'ble High Court of Madras. In the said proceedings, after impleading the Revenue Divisional Officer, Kallakurichi, as the 2^nd Respondent, this Hon'ble Court directed that an enquiry be conducted and compliance be reported.

18. Pursuant thereto, the 2^nd Respondent, by proceedings dated 20.11.2025 in Proc. No.2025/N109/33/003734, cancelled the subdivision pattas issued in the name of Panchayat Union Primary School, Thimmananthal, for Survey No.12/20A measuring 0.00.56 ares and in the name of Kannusamy S/o Vaiyapuri for Survey No.12/20B measuring 0.00.19 ares., and transferred patta for Survey No.12/20 measuring 0.00.75 ares in favour of Thiru. Anbazhagan S/o Chinnathambi.

19. Since issues relating to the said survey field were pending consideration before the Hon'ble Court, the encroachment removal proceedings initiated by the Sankarapuram Block Development Officer were kept in abeyance. Further, as patta for Survey No. 12/20 measuring 0.00.75 ares presently stands in the name of Thiru. Anbazhagan S/o Chinnathambi, there is no scope or authority to proceed with any encroachment removal in respect of the said survey field.”

3. In view of the fact that the patta has now been granted in the name of Anbazhagan, and an interse dispute exist between both parties, and further it is brought to the notice of this Court that a statutory appeal has been preferred before the District Revenue Officer, it is for the parties to resolve the issues in the manner known to law.

4. District Collector has stated that there is no scope or authority to proceed with any removal of encroachment in respect of the survey conducted in the subject property.

5. Learned Additional Government Pleader would submit that land belongs to Panchayat Union Primary School is intact and no encroachment is identified. It is for the private parties to resolve the disput