Neelakrishnan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-09-2025

CORAM

THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR WP No. 36942 of 2025 AND WMP NO. 41333 OF 2025 Neelakrishnan S/o Kuppusamy Puliyaranankottai Village Zain Endathur Post, Madurantakkam Taluk, Chengalpattu District ..Petitioner Vs

1. The District Collector Chenglapet Distrct, Chenglapet

2. The Tahsildar Maduratakkam Taluk Office, Maduratakam

3. The Revenue Inspector Maduratakam Taluk Office, Madurantakkam ..Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the records of the 3rd Respondent in issuing impugned notice dated 23/12/2024 under Sec.7(1) of the Land Encroachment Act in respect of petitioners Grama Natham land comrised in S. No 131/2 measuring 80 cents of Puliarayanankottai village, Maduraantakkam Taluk, Chengalpet District. For Petitioner :

Mr.N.Nagu Sah For Respondents :

Mr.S.Arumugam, Government Advocate

ORDER

(Order of the Court was made by R.Suresh Kumar J.) The prayer sought for herein is for a Writ of Certiorari calling for the records of the 3rd Respondent in issuing impugned notice dated 23/12/2024 under Sec.7(1) of the Land Encroachment Act in respect of petitioners Grama Natham land comrised in S. No 131/2 measuring 80 cents of Puliarayanankottai village, Maduraantakkam Taluk, Chengalpet District.

2. In respect of the land situated in S.No.131/2 measuring 80 cents of Puliarayanankottai Village, Madurantakam Taluk, Chengalpet District, a notice under Section 7 of Act 3 of 1905 dated 23.12.2024 has been issued as against the petitioner. In response to the notice, a reply has been given by the petitioner on 26.12.2024. However, without taking any decision on the said reply and passing any order thereon, it is the apprehension of the petitioner that the respondents are taking coercive steps to evict the petitioner. Therefore, he has approached this Court by filing the present writ petition.

3.Heard Mr.N.Nagu Sah, learned counsel for the petitioner and Mr.S.Arumugam, learned Government Advocate for the respondents.

4. Learned Government Advocate would submit that since reply has already been given to the impugned notice under Section 7 of the Act, the same would be considered by the respondents especially the third respondent and after considering the reply, suitable orders would be passed within a time frame that may be stipulated by this Court and till such time no coercive steps would be taken.

5. In view of the said stand taken by the learned Government Advocate, this Court is inclined to dispose of this writ petition with a direction to the third respondent to consider the reply dated 26.12.2024 given by the petitioner through his counsel and pass orders thereon on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order. Till such time, no coercive steps shall be taken to evict the petitioner.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (R.S.K.,J.) (H.C.,J.) 25-09-2025 Index: Yes/No Speaking/Non-speaking order KST

To

1. The District Collector Chenglapet Distrct, Chenglapet.

2. The Tahsildar Maduratakkam Taluk Office, Maduratakam.

3. The Revenue Inspector Maduratakam Taluk Office, Madurantakkam

R.SURESH KUMAR J.

AND HEMANT CHANDANGOUDAR J.

KST 25-09-2025