The court directed the petitioner to utilize the statutory appeal mechanism provided under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, before the District Collector to challenge the eviction order.

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari call for the entire records pertaining to the impugned order dated 13.07.2026 passed by the 3rd respondent and quash thesame as illegal.

For Petitioner : Mr. P.Ponraj

For Respondents : Mr.M.Mahaboob Athiff (R1 to R3) Special Government Pleader

O R D E R

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

Mr.M.Mahaboob Athiff, learned Special Government Pleader takes notice for the respondents 1 to 3.

2. The writ petition had been filed in the nature of a Certiorari, seeking the records relating to an order dated 13.07.2026 passed by the second respondent/Tahsildar, Melur Taluk, under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, and to quash the same.

3. It had been contended by the learned counsel for the petitioner that, without conducting any survey as required, the notice had been issued.

4. It is seen from the records that a notice under Section 7 of the Act, 1905, had been issued earlier on 02.06.2026. As a matter of fact, there was an earlier writ petition in W.P.(MD)No.21867 of 2025, wherein directions had been issued to evict the encroachments. The contempt petition in CONT.P.(MD)No. 1293 of 2026 had also been heard. The entire issue surrounds the occupation of the petitioner's land, measuring 2.25 cents in S.No.264/15A2, Kottampatti Village, Melur Taluk, Madurai. It is stated in the affidavit that the petitioner had encroached upon the land in S.No.264/15B at Kottampatti Village, to an extent of 226 sq.ft., by constructing a petty shop. The entire issue may be examined by the District Collector. The petitioner may file an appeal, as contemplated under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, before the first respondent/District Collector, on or before 21.08.2026, and, if so, the issue of limitation may not be put against the petitioner herein. The first respondent/District Collector may proceed further in the manner known to law, if the appeal is presented before that particular date.

5. With the above directions, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.