S.Dharmalingam v. The State Of Tamil Nadu
2026:MHC:1317
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-03-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU and WMP.Nos.28358 & 28360 of 2024 S.Dharmalingam ..Petitioner Vs
1. The State of Tamil Nadu Rep. By Its Secretary to the Government, Department of Public Works, Fort St. George, Chennai 600 009.
2. The District Collector, Salem District, Collectorate, Salem 636 001.
3. The Tahsildar, Vazhapadi Taluk, Salem District.
4. The Revenue Inspector, Karipatti, Valappadi Taluk, Salem District.
..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the undated impugned show cause notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 issued by the 4th respondent and quash the
same and consequently direct the respondents not to interfere with the petitioner's peaceful possession and enjoyment of his property in survey No. 12/1, 12/2 situated in Ayothiyapattinam Village, Vazhappadi Taluk, Salem District.
For Petitioner :
Ms.R. Reshma For Respondents :
Mr.T.Arunkumar, Addl. Govt. Pleader
ORDER
(Order of the Court was made by S.M.Subramaniam J.) The Writ Petition has been instituted challenging the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 [hereinafter referred to as "the Act, 1905"].
2. No Writ is entertainable against the show cause notice, unless such notice has been issued by the in-competent Authority or tainted with the allegation of mala fide.
3. The learned Additional Government Pleader based on written instructions submitted by the Tahsildar, Valapady would submit that field inspection was conducted and encroachments are identified in water body.
4. That being the factum, the petitioner is at liberty to submit his representation along with the documents, if any, in respect to the notice issued under Section 7 of the Act, 1905. On receipt of any such
representation, the Authorities shall proceed with the enforcement actions by following the procedures as contemplated under the Act and Rules and complete the same within a period of twelve (12) weeks from the date of receipt of a copy of this order.
5. With these directions, this Writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. (S.M.S.,J.) (K.B.,J.) 30-03-2026 Index: Yes/No Speaking/Non-speaking order DSA
To
1. The Secretary to the Government, State of Tamil Nadu, Department of Public Works, Fort St. George, Chennai 600 009.
2. The District Collector, Salem District, Collectorate, Salem 636 001.
3. The Tahsildar, Vazhapadi Taluk, Salem District.
4. The Revenue Inspector, Karipatti, Valappadi Taluk, Salem District.
S.M.SUBRAMANIAM, J.
AND K.KUMARESH BABU, J.
DSA 30-03-2026