COMMON ORDER

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

Challenging the notices issued under Sections 7 and 6 of the Tamil Nadu Land Encroachment Act, 1905, the present writ petitions have been filed.

2. Though effective alternative remedy is available, we are not inclined to relegate the petitioners to avail such remedy, since it is brought to the notice of this Court by the learned counsel for the petitioners that the subject land is not a Government land and in fact, pattas have been given to the petitioners in respect of the subject land vide Patta Nos.313, 521 and 641 on 01.02.2024. Further, the subject land is classified as natham land. Such being the position, invoking the provisions of the Tamil Nadu Land Encroachment Act, 1905, will not arise.

3. It is the contention of the learned Government Advocate appearing for the respondents that there are encroachments in the subject Survey No.807 [Old Survey No.216].

4. Admittedly, pattas have been granted to the petitioners for 0-1.40, 0-0.82 and 0-0.50 Hectares of land in Survey No.807/1, 807/14 and 807/15 respectively. In such a view of the matter, let the authorities survey the area in question. In the event, there has been any encroachment beyond the area mentioned under the Patta Nos.313, 521 and 641, then the authorities can initiate fresh proceedings. If the houses constructed fall within the area covered under the natham patta lands, the provisions of Tamil Nadu Land Encroachment Act, 1905, cannot be invoked.

5. Accordingly, the impugned notices issued by the 2nd respondent in Na.Ka.A4/2010/2025 dated 24.03.2026 and in Na.Ka.A4/2010/2025 dated 18.05.2026, stand quashed and the authorities are directed to measure the property and re-do the exercise as observed earlier.

6. The Writ Petitions are allowed accordingly. No costs. Consequently, connected miscellaneous petitions are closed.