Vasuki v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2026

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN W.P(MD)No.3032 of 2026 and W.M.P(MD)No.2504 of 2026 Vasuki ... Petitioner .Vs.

1.The District Collector, District Collector's Office, Trichy -1, Trichy District.

2.The Tahsildar, Taluk office, Lalgudi, Lalgudi Taluk, Trichy District.

3.The Revenue Inspector, Taluk office, Lalgudi, Lalgudi Taluk, Trichy District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution 1/6

of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to second respondent proceedings made in Na.Ka.Aa2/1704/2022, dated 31.1.2026,quash the same and further direct the respondents to follow the direction issued by this Court in W.P(MD)No.4614 of 2025, dated 24.6.2025 in the light of the Petitioner's representation, dated 24.12.2025.

For Petitioner : Mr.H.Jahir Hussain for M/s.R.Sundar For Respondents : Mr.S.P.Maharajan 1 to 3 Spl.Govt. Pleader

O R D E R

(Order of the Court was made by DR.G.JAYACHANDRAN.,J) This Writ Petition has been filed to quash the proceedings of the second respondent, dated 31.1.2026 and to direct the respondents to follow the direction issued by this Court in W.P(MD)No.4614 of 2025, dated 24.6.2025 in the light of the Petitioner's representation, dated 24.12.2025. 2.Mr.S.P.Maharajan, learned Special Government Pleader takes notice for the respondents 1 to 3.

3.The Petitioner being aggrieved by the notice issued under 2/6

Section 6 of the Tamil Nadu Land Encroachment Act for removal of the encroachment, is before this Court contending that the property mentioned in the Section 6 notice is owned by the Petitioner and in view of the dispute between the Petitioner and the Panchayat Union School, he has filed a suit for declaration in O.S.No.1512024, on the file of District Munsif Court, Lalgudi and the same is pending. While so, Section 6 notice been issued to remove the encroachment in S.Nos.108/11 and 108/12. According to the learned counsel for the Writ Petitioner, though Section 7 notice, dated 30.1.2026 was issued, the same was withdrawn in the very next day and without proceeding afresh as directed by the Division Bench of this Court in W.P(MD)No.4614 or 2025, dated 24.6.2025, straight-away issued Section 6 notice. Hence the same needs to be quashed.

4.This Court, on perusing the records, finds that the submission made by the learned counsel for the Writ Petitioner is partially correct. The Section 6 notice which is impugned in the Writ Petition, after Section 7 notice issued day before been withdrawn.

5.The learned Special Government Pleader appearing for the respondents 1 to 3 states that in view of notice issued by this 3/6

Court in the Contempt Petition, the Tahsildar, Lalgudi had expedite the process by issuing Section 6 notice for removal of encroachment of land.

6.Taking into consideration the submissions and the records, we quash the Section 6 notice as well as withdrawal of Section 7 notice by the Tahsildar, Lalgudi both vide proceedings, dated 31.1.2026. The section 7 notice issued on 30.1.2026 is restored. The extent of encroachment made by the Writ Petitioner is well mentioned and specified in the Section 7 notice, dated 30.1.2026.The encroacher is given 15 days time to remove the encroachment. Therefore, the Petitioner shall abide by the notice and remove the encroached portion within the time given, failing which, the respondents shall proceed with the Section 6 notice and remove the encroachment made by the Writ Petitioner. 7.With the above observations, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

[G.J.,J.] [K.K.R.K.,J.] 04.02.2026 NCS : Yes/No Index : Yes / No 4/6

Internet : Yes / No vsn To 1.The District Collector, District Collector's Office, Trichy -1, Trichy District.

2.The Tahsildar, Taluk office, Lalgudi, Lalgudi Taluk, Trichy District.

3.The Revenue Inspector, Taluk office, Lalgudi, Lalgudi Taluk, Trichy District.

5/6

DR.G.JAYACHANDRAN, J.

and K.K.RAMAKRISHNAN,J.

vsn ORDER MADE IN W.P(MD)No.3032 of 2026 and W.M.P(MD)No.2504 of 2026 04.02.2026 6/6