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2026 Supreme(Online)(Mad) 103994

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice S. M. SUBRAMANIAM
N.SANTHA – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent



##PAGE1##

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-10-2026 CORAM THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN W.P.No.47315 of 2025 CNR:{HCMA012795102025}

N.Santha … Petitioner -vs-

1. The District Collector Collectorate, Erode District.

2. The Revenue Divisional Officer, Thalavadi, Revenue Divisional Office, Chidambaram Colony, Erode District – 638 001.

3. The Tahsildar, Thalavadi, The Taluk Office, Thalavadi, Erode District – 638 461.

4. The Block Development Officer Thalavadi, Thalavadi, Erode District – 638 561.

5. Father Mariya Joseph, Chimitahalli Church, Chimitahalli Post, Thavadi, Erode District – 638 461.

6. Sithan

7. Shivanna … Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, directing the Respondents 1 to 4 to remove the encroachment made by the Respondents 5 to 8 in the Public Cart Track situated at S.No.440/6, Madahalli Village, Thalavadi Taluk, Erode District.

##PAGE2##

For Petitioner: Mr.A.Gokula Krishnan For Mr.K.Sasindran For Respondents: Mr.R.Hashwanth, GA for R1 to R3 Dr.Father Xavier Arul Raj, Senior Counsel For M/s.Father Xavier Associates for R5 Mr.M.Gokul for Mr.M.Dinesh for R6 NA for R4 & R7 *****

O R D E R

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

Writ of Mandamus has been instituted for a direction to the Respondents 1 to 4 to remove the encroachment made by the Respondents 5 to 8 in the Public Cart Track situated at Survey No.

440/6 Madahalli Village Thalavadi Taluk Erode District.

2. Learned Government Advocate appearing for R1 to R3, on instructions from Authorities would submit that encroachments were identified. Notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 has been issued. After affording opportunity of hearing, Section 6 Notice also appears to have been issued.

3. In view of the above submission, it is clear that final notice under Section 6 has already been issued. Thus, competent Authorities are bound to remove encroachments by following procedures as contemplated under relevant provisions of Act and Rules. The entire exercise is directed to be completed within a period of eight weeks from the date of receipt of a copy of this order.

##PAGE3##

With the above directions, the present Writ Petition is disposed of. No costs.

(S.M.S.,J.) (R.R.V.,J.)

06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AR To:

1. The District Collector Collectorate, Erode District.

2. The Revenue Divisional Officer, Thalavadi, Revenue Divisional Office, Chidambaram Colony, Erode District – 638 001.

3. The Tahsildar, Thalavadi, The Taluk Office, Thalavadi, Erode District – 638 461.

4. The Block Development Officer Thalavadi, Thalavadi, Erode District – 638 561.

##PAGE4##

S.M.SUBRAMANIAM,J.

AND R.RAJESH VIVEKANANTHAN,J.

AR

06-10-2026

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