R.Shanmugam v. The District Collector

2025:MHC:2792

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-12-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

1. R.Shanmugam Petitioner(s) Vs

1. The District Collector Perambalur District, Perambalur 2.The Tahsildar Tahsildar Office, Veppanthattai Taluk, Perambalur District.

3.The Revenue Inspector Pasubalur, Veppanthattai Taluk, Perambalur District.

4.The Village Administrative Officer Agharam Village, Veppanthattai Taluk, Perambalur District.

Respondent(s) PRAYER Call for the records relating to the impugned section 7 notice dated Nil issued by 3rd respondent under the Tamil Nadu Land Encroachment Act, 1905 in respect of S.No.101/15, Agaram Revenue Village, and consequently direct the respondents to consider the petitioner's application for regularization / patta, in light of over 12 years continuous, peaceful, and exclusive family possession.

For Petitioner(s):

Mr.T.Dharani For Respondent(s): Mr.T.Arunkumar Additional Government Pleader For R1-R4.

ORDER

(Order of the Court was made by S.M.Subramaniam J.) Writ on hand has been instituted challenging notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'Act').

2. 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.

3. Learned counsel for the petitioner would submit that explanation along with further documents have already been submitted to competent authority.

4. Such being the factum, competent authority has to consider the explanation along with documents, if any, submitted by petitioner and issue final notice under Section 6 of Act. Thereafter, complete enforcement action under the Act. Any person aggrieved from and out of final notice, may prefer an appeal before the District Collector under Section 10 of the Act.

5. With these observations, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.SUBRAMANIAM J.)(C.KUMARAPPAN J.) 02-12-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector Perambalur District, Perambalur 2.The Tahsildar Tahsildar Office, Veppanthattai Taluk, Perambalur District.

3.The Revenue Inspector Pasubalur, Veppanthattai Taluk, Perambalur District.

4.The Village Administrative Officer Agharam Village, Veppanthattai Taluk, Perambalur District.

S.M.SUBRAMANIAM J.

AND C.KUMARAPPAN J.

gd 02-12-2025 1/2