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2026 DAILYLAW 66540 (MAD)

M.AZHAGAPPAN v. THE DISTRICT COLLECTOR

WP/3544/2026 · 2026-02-13

C Kumarappan, S M Subramaniam

Transfer Petitionbody2026

Judgment text

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2026:MHC:677 W.P.No.3544 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.02.2026 C O R A M THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.P.No.3544 of 2026 and W.M.P.Nos.3969 & 3971 of 2026 M.Azhagappan ... Petitioner -vs- 1.The District Collector, Dharmapuri District, Dharmapuri. 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Dharmapuri District. 3.The Tahsildar, Nallampalli Taluk, Dharmapuri District. 4.The Revenue Inspector, Palayamputhur, Nallampalli Taluk, Dharmapuri District. 5.The Village Administrative Officer, Kammampatti Village, Nallampalli Taluk, Dharmapuri District. 1/6 https://www.mhc.tn.gov.in/judis W.P.No.3544 of 2026 6.The Deputy Superintendent of Police, Dharmapuri District. 7.The Inspector of Police, Thoppur Police Statiion, Thoppur, Dharmapuri District. 8.V.Manickam 9.G.Dhanalakshmi 10.V.Murugesan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned notice dated 15.10.2025 issued by the 3rd respondent/ Tahsildar, Nallampalli Taluk, Dharmapuri District and quash the same and consequently forbear the respondents from taking any coercive action against the petitioner in respect of the lands in Survey Nos.597/1 and 597/3 situated at Kammampatti Village, Nallampalli Taluk, Dharmapuri District, pending disposal of the statutory appeal under Section 10-C of the Tamil Nadu Land Encroachment Act, 1905. For Petitioner : Mr.G.Kesavan For Respondents : Mr.D.Ravichander Spl. Govt. Pleader for R1 to R5 Mr.Babu Muthu Meeran, Addl. Public Prosecutor for R6 & R7 ***** 2/6 https://www.mhc.tn.gov.in/judis W.P.No.3544 of 2026 O R D E R (Order of the Court was made by C.KUMARAPPAN,J.,) The present Writ Petition has been filed against the notice dated 15.10.2025 issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905. 2. At this juncture, the learned Special Government Pleader would submit that prior to the present notice issued under Section 7 of the Act, earlier notice was issued under Section 7 of the Act on 07.06.2024 and thereafter notice under Section 6 of the Act was issued on 04.07.2024. Aggrieved by the notice under Section 6 of the Act, the petitioner already preferred a revision in Na.Ka.No.17829/2024/T3 on 28.09.2024. Hence, the present Writ Petition is not maintainable. 3. We are in full concurrence with the said submission of the learned Special Government Pleader, as the petitioner has already exhausted all the remedy and revision is pending before the appropriate Authority. Furthermore any Writ against notice is not maintainable, unless such notice issued by incompetent person. Here it is not the case of the petitioner. Thus, we do not see any merit in the Writ Petition. 3/6 https://www.mhc.tn.gov.in/judis W.P.No.3544 of 2026 4. In the result, this Writ Petition is dismissed, granting liberty to the petitioner to pursue the revision pending before the Authority concerned. The Authority shall decide the revision as expeditiously as possible. No costs. Consequently, the connected miscellaneous petitions are closed. (S.M.S,J.,) (C.K,J.,) 13.02.2026 Index: Yes / No Internet: Yes / No dsa 4/6 https://www.mhc.tn.gov.in/judis W.P.No.3544 of 2026 To: 1.The District Collector, Dharmapuri District, Dharmapuri. 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Dharmapuri District. 3.The Tahsildar, Nallampalli Taluk, Dharmapuri District. 4.The Revenue Inspector, Palayamputhur, Nallampalli Taluk, Dharmapuri District. 5.The Village Administrative Officer, Kammampatti Village, Nallampalli Taluk, Dharmapuri District. 6.The Deputy Superintendent of Police, Dharmapuri District. 7.The Inspector of Police, Thoppur Police Statiion, Thoppur, Dharmapuri District. 5/6 https://www.mhc.tn.gov.in/judis W.P.No.3544 of 2026 S.M.SUBRAMANIAM, J. AND C.KUMARAPPAN, J. dsa W.P.No.3544 of 2026 13.02.2026 6/6 https://www.mhc.tn.gov.in/judis