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Madras High CourtWP/23827/2026dismissed

J.Veronica Evangelinraj v. The State Of Tamil Nadu

2026-06-24Honourable Dr Justice G. Jayachandran,Honourable Mrs.Justice N. Mala5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-06-2026

CORAM

THE HON'BLE DR JUSTICE G. JAYACHANDRAN AND THE HON'BLE MRS.JUSTICE N. MALA AND WMP NO. 25859 OF 2026 J.Veronica Evangelinraj D/o.Late Mr.James Martin Amalraj, No.145, KGT Nagar Goparasanallur, Kattupakkam Poonamallee, Chennai- 056.

..Petitioner(s) Vs

1. The State Of Tamil Nadu Secretary to Government Department of Revenue, Fort St. George, Chennai-09.

2. The District Collector Tiruvallur District, First Floor Collectorate, Tiruvallur- 602 001.

3. The Tahsildar No.5, Trunk Road, Poonamallee, Chennai- 056.

4. The Commissioner Panchayat Union Poonamallee (Now Converted into Municipalty) Chennai-056.

..Respondent(s)

Calling for the records pertaining to the Impugned notice issued under Section 7 of the Tamilnadu Land Encroachment Act, 1905 issued by Third Respondent the Learned Tahsildar, in his Proceedings in Na.Ka. No. 2658/ 2020 AA1 dated 07.01.2026, quash the threatened order of eviction, as illegal / violative of the Rights of the Ownership, Possession and Enjoyment fore- bearing the Respondents from interfering with the peaceful possession and enjoyment of the Property with respect to the Property in Survey No.62/2 belonging to Late Mr.James Martin Amalraj, Which is now vested in the above Petitioner at No.145, K.G.T.Nagar, Goparasanallur, Ponnamallee Taluk, Tiruvallur District and pass.

For Petitioner(s):

M/s.N.Seshadri For Respondent(s):

Mr.K.Surendar, Ga Order (Order of the Court was made by Dr.G.Jayachandran J.) (1) Mr.K.Surendar, learned Government Advocate accepts notice on behalf of the respondents. By consent, the main writ petition itself is taken up for final disposal.

(2) A show cause notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, dated 07.01.2026, issued to the petitioner herein, to remove the encroachment on the ''Meikkal Poramboke'' land, is challenged in this writ petition. Contending that the land in S.No.62/2 is not a ''Meikkal Poramboke'' land, but a patta land owned by the petitioner's father, the present writ petition is filed.

(3) The learned Government Advocate submitted that after issuance of the notice under Section 7 of the Act, which is challenged in this writ petition, the petitioner and other similarly placed encroachers were issued with Eviction Notice under Section 6 of the Act and challenging the same, some of the encroachers approached the District Collector by way of an appeal under Section 10[1] of the Act. The District Collector, vide proceedings dated 13.05.2026, has dismissed the appeal. Pursuant thereto, necessary action is being taken to remove the encroachment in the ''Meikkal Poramboke'' land.

(4) The learned counsel for the petitioner submitted that the order of the District Collector dated 13.05.2026, was not served on the petitioner. (5) From the proceedings of the District Collector dated 13.05.2026, we find that the copy of the aforesaid proceedings has been sent to one Mr.James Martin Amalraj, S/o.Gnanaraj and others. The said James Martin Amalraj is the father of the writ petitioner herein.

(6) The learned Government Advocate states that Mr.James Martin Amalraj, who was found to be in encroachment of ''Meikkal Poramboke'' land, is dead.

(7) In view of the above facts, we are of the view that the petitioner ought to have challenged the impugned show cause notice in a manner known to law and challenging the impugned notice at this stage is not maintainable in view of the subsequent adjudications by the authorities.

(8) In the result, the writ petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed. (G.J.,J.) (N.M.,J.) 24-06-2026 Index: Yes/No Speaking/Non-speaking order AP To

1. The Secretary to Government State Of Tamil Nadu Department of Revenue, Fort St. George, Chennai-09.

2. The District Collector Tiruvallur District, First Floor Collectorate, Tiruvallur- 602 001.

3. The Tahsildar No.5, Trunk Road, Poonamallee, Chennai- 056.

4. The Commissioner Panchayat Union Poonamallee (Now Converted into Municipalty) Chennai-056.

DR.G.JAYACHANDRAN J.

AND N.MALA J.

AP AND WMP NO. 25859 OF 2026 24-06-2026