[Cites 7, Cited by 0]
Madras High Court
A.Mohammed Yacoob vs The District Collector on 6 March, 2026
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P(MD)No.6105 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.P(MD)No.6105 of 2026
and
W.M.P(MD)No.5131 of 2026
A.Mohammed Yacoob ... Petitioner
vs.
1.The District Collector,
Trichy District, Trichy.
2.The Revenue Inspector,
Thottiyam Taluk,
Thottiyam,
Trichy District.
3.The Tahsildar,
Thottiyam Taluk,
Thottiyam,
Trichy District.
1/7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 03:57:53 pm )
W.P(MD)No.6105 of 2026
4.Thottiyam Panchayat Union,
Represented by its Executive Authority,
Panchayat Union Building,
Thottiyam Village and Taluk,
Trichy District.
5.Kolakkudi Panchayat,
Represented by its Executive Authority,
Kollakudi,
Thottiyam Taluk,
Trichy District. ... Respondents
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 notice dated 06.10.2025 issued by the
second respondent and the consequential impugned notice dated 06.02.2026
made in Na.Ka.AA3/4366/2025 on the file of the 3rd respondent and to quash
the same as illegal and further forbearing the respondents from interfering
with the petitioners use and access with respect to his front portion of the
property in S.F.No.86/15 in Kollakudi Village, Thottiyam Taluk, Trichy
District.
For Petitioner : Mr.G.Sridharan
For Respondents : Mr.S.P.Maharajan (R1 to R3)
Special Government Pleader
2/7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 03:57:53 pm )
W.P(MD)No.6105 of 2026
ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.)
Challenging the impugned notices issued by the second and third
respondents under Sections 7 and 6 of the Tamil Nadu Land Encroachment
Act, 1905 (hereinafter referred to as “the Act, 1905”), dated 06.10.2025 and
06.02.2026 respectively, the petitioner has filed the present Writ Petition.
The petitioner has also sought a consequential direction forbearing the
respondents from interfering with the petitioner’s use and access with
respect to the front portion of his property in S.F. No.86/15, situated in
Kollakudi Village, Thottiyam Taluk, Trichy District.
2.It is the case of the petitioner that between his property and the
north–south main road, there exists a vacant space which was originally
classified as “Natham” land. According to the petitioner, he has access to his
house and shops from the main road only through the said vacant space,
wherein an asbestos sheet structure has been put up. While so, the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 03:57:53 pm )
respondents 2 and 3 have issued the impugned notices stating that the land
has vested with the Government.
3.It is the further case of the petitioner that since the land is
classified as Natham land, the same would not vest with the Government.
Therefore, according to the petitioner, the notices issued under Sections 7
and 6 of the Act, 1905 are not sustainable.
4.At the outset, we are of the view that as against the order of
eviction, an appellate remedy is provided under Section 10 of the Act, 1905
before the District Collector. When the Act provides for an effective
appellate remedy before the District Collector against the eviction notice
issued under Section 6 of the Act, 1905, without exhausting the said remedy,
it would not be appropriate for this Court to entertain the present Writ
Petition.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 03:57:53 pm )
5.In such view of the matter, the petitioner is at liberty to file an
appeal before the District Collector under Section 10 of the Act, 1905 within
a period of two weeks from the date of receipt of a copy of this order. On
such appeal being filed, the first respondent is directed to consider the same
and pass appropriate orders on its own merits, and to take further
proceedings in accordance with law, after providing sufficient opportunity of
personal hearing to the petitioner as well as to any other persons interested
in the subject matter, within a period of eight (8) weeks thereafter. Till such
time, the respondents are restrained from taking any coercive action.
6.With the above observations, the Writ Petition stands
dismissed. There shall be no order as to costs. Consequently, the connected
Miscellaneous Petition is closed.
[N.S.K.,J.] [M.J.R.,J.]
06.03.2026
NCC : Yes / No
Index : Yes / No
ps
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 03:57:53 pm )
To
1.The District Collector,
Trichy District, Trichy.
2.The Revenue Inspector,
Thottiyam Taluk,
Thottiyam,
Trichy District.
3.The Tahsildar,
Thottiyam Taluk,
Thottiyam,
Trichy District.
4.Executive Authority,
Represented by its Thottiyam Panchayat Union,
Panchayat Union Building,
Thottiyam Village and Taluk,
Trichy District.
5.Executive Authority,
Represented by its Kolakkudi Panchayat,
Kollakudi,
Thottiyam Taluk,
Trichy District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 03:57:53 pm )
N.SATHISH KUMAR, J.
and
M.JOTHIRAMAN, J.
ps
ORDER MADE IN
DATED : 06.03.2026
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 03:57:53 pm )
