Kasilingam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER and W.M.P.Nos.44468, 44469, 44472 and 44473 of 2025 Kasilingam S/o.Muthusamy ... Petitioner in W.P.No.39584 of 2025 Selvaraj S/o.Thangavel ... Petitioner in W.P.No.39587 of 2025 vs.

1.

The District Collector Perambalur District.

2.

The Tahsildar Kunnam Taluk Perambalur District.

3.

The Revenue Inspector Keelappuliyur Kunnam Taluk Perambalur District.

... Respondents Page Nos.1/4

Writ Petitions filed under Article 226 of the Constitution of India seeking a Writ of Certiorari, to call for the records relevant to the notices issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 dated 23.09.2025 issued by the 3rd respondent and quash the same as illegal, improper, unreasonable, arbitrary against the principles of natural justice and thereby direct the respondents to issue patta in respect of the property situated in Survey No.333/6, Perumathur South Village, Kunnam Taluk, Perambalur District in the name of the petitioners For Petitioner in both WPs :

Mr.N.Palanisamy For Respondents in both WPs :

Mr.T.Arun Kumar Additional Government Pleader ***** C O M M O N O R D E R [Made by S.M.SUBRAMANIAM, J.,] The present writ petitions have been instituted challenging the show cause notices issued under Section 7 of "the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)" {hereinafter "1905 Act" for the sake of brevity}. No writ petition is maintainable against the a show cause notice.

Page Nos.2/4

2. The learned counsel for the petitioners would submit that explanations have already been filed.

3. That being so, the authorities are at liberty to consider the same and thereafter, issue a final notice under Section 6 of the 1905 Act. If any encroachments are identified and a final notice under Section 6 is issued, the petitioners may prefer an appeal under Section 10 of the 1905 Act. This being the scheme contemplated under the 1905 Act, the present writ petition is not maintainable.

4. Granting liberty to the petitioners to defend their case in accordance with the procedures contemplated under the 1905 Act, the Writ Petitions stand dismissed. Consequently, connected miscellaneous petitions are closed. No costs.

(S.M.S.,J.) (K.S.,J.) 20.04.2026 Index : Yes Speaking order / Non-speaking order mk Page Nos.3/4

S. M. SUBRAMANIAM, J., and K. SURENDER, J., mk To 1.

The District Collector Perambalur District.

2.

The Tahsildar Kunnam Taluk Perambalur District.

3.

The Revenue Inspector Keelappuliyur Kunnam Taluk Perambalur District.

20.04.2026 Page Nos.4/4