The court permitted the petitioner to file a statutory appeal against an encroachment order and directed the District Collector to consider both the appeal and a lease application for government land on merits after providing a hearing.

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings dated 11/8/2026 in Na.Ka.No. A3/942/2026 of the 2nd respondent and quash the same and consequently direct the 1st respondent to consider the petitioners request for lease of lands in S.No. 276/1B Servaikaranmadam Village, Tuticorin Taluk and District vide representation dated 1.7.2026.

O R D E R

(Order of the Court was made by M.DHANDAPANI, J.)

This Writ Petition has been filed challenging the order passed by the second respondent in Na.Ka.No. A3/942/2026 dated 11.08.2026 and for a consequential direction to the first respondent to consider the petitioner's request for lease of lands in S.No. 276/1B Servaikaranmadam Village, Tuticorin Taluk and District vide representation dated 01.07.2026.

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself.

3. The learned counsel appearing for the petitioner would submit that the petitioner is in occupation of the Government poramboke land comprised in Survey No.276/1B. In this regard, the second respondent issued a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (Act III of 1905), dated 03.06.2026, to which the petitioner submitted his explanation on 13.06.2026. However, the said explanation has not been considered and the impugned order has been passed. Challenging the same, the present Writ Petition has been filed.

4. The learned counsel appearing for the petitioner would further submit that the petitioner has already submitted an application before the District Collector seeking grant of lease in respect of the Government land situated adjacent to the land in the petitioner's occupation. He would further submit that this Court may permit the petitioner to file an appeal against the impugned order and direct the District Collector to consider both the application seeking grant of lease and the appeal, within a time frame stipulated by this Court.

5. In view of the above submissions, without expressing any opinion on the merits of the claim made by the petitioner, the petitioner is permitted to file an appeal against the impugned order before the District Collector, within a period of two weeks from the date of receipt of a copy of this order. If any such appeal is filed, the District Collector shall consider the same, along with the application already submitted by the petitioner seeking grant of lease and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to all the necessary parties, within a period of six weeks thereafter.

6. With the above directions, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.