K.T.Velavan v. The District Collector
2025:MHC:2946
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-12-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
1. K.T.Velavan Petitioner(s) Vs
1. The District Collector District Collectorate, Namakkal District 637001.
2.The Tahsildar Paramathi Velur Taluk, Namakkal District.
3.The Revenue Inspector Pandamangalam, Namakkal District 637208.
Respondent(s) PRAYER To call for the entire records pertaining to the impugned notice dated 30.09.2025 issued by the 3rd respondent under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 and quash the same as it is used without jurisdiction by considering the petitioners reply dated 08.10.2025. For Petitioner(s):
Mr.S.Senthil For Respondent(s):
Mr.A.Selvendran, Special Government Pleader
ORDER
(Order of the Court was made by S.M.Subramaniam J.) Writ on hand has been instituted challenging the show cause notice dated 30.09.2025 issued by 3rd respondent under Section 7 of the Tamil Nadu Land Acquisition Act, 1905.
2. Impugned notice would show that the subject property has been classified as "burial ground".
3. Learned counsel for the petitioner would submit that it is a patta land. However, the villagers are using the property as a burial ground for long years. That being so, the impugned notice is to be assailed.
4. Learned Special Government Pleader would submit that encroachments are identified in the burial ground and action for eviction has been initiated.
5. May that as it be, no writ against show cause notice is maintainable, unless such notice has been issued by an incompetent authority having no jurisdiction or tainted with allegation of malafide.
6. Petitioner would submit that a reply has already been submitted in
response to the impugned show cause notice. That being so, the authorities competent has to consider the same and issue final notice under Section 6 of the Act. If encroachments are identified, then enforcement actions are to be completed in all respects by evicting the encroachers. Encroachers, if aggrieved against the final notice under Section 6 of the Act, an appeal would also lie under Section 10 of the Act. This being the procedures to be followed, the present writ petition is not maintainable.
7. Accordingly, the present writ petition is dismissed, granting liberty to the petitioner to pursue his remedy under the scheme of the Act. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.SUBRAMANIAM J.)(C.KUMARAPPAN J.) 12-12-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The District Collector District Collectorate, Namakkal District 637001.
2.The Tahsildar Paramathi Velur Taluk, Namakkal District.
3.The Revenue Inspector Pandamangalam, Namakkal District 637208.
S.M.SUBRAMANIAM J.
AND C.KUMARAPPAN J.
gd 12-12-2025