R. Muniyasamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)Nos.7583 to 7596 of 2025 and W.M.P.(MD)Nos.5702, 5704 to 5731, 5733, 5743, 5745, 5747, 5749 to 5751, 5753 to 5756, 5758 and 5759 of 2025 W.P.(MD)No.7583 of 2025 R.Muniyasamy ... Petitioner -Vs1.The District Collector, Pudukkottai, Pudukkottai District.

2.The Revenue Divisional Officer, Aranthanki, Pudukkottai District.

3.The Tahsildar, Aavudaiyar Kovil Taluk, 4.The Revenue Inspector, Mimisal Post, Aavudaiyar Kovil Taluk, ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned show cause notice passed by the 4th respondent dated 05.03.2025 and quash the same with a consequential direction, directing the 1st respondent to issue patta to the petitioner for the land in Survey No.63/1 to an extent of 0.04.0 hectare within the time frame fixed by this Court.

For Petitioner : Mrs.Lakshmi Gopinathan, for M/s.Polax Legal Solutions For Respondents : Mrs.D.Farjana Ghoushia, Special Government Pleader COMMON ORDER [Order of the Court was made by J.NISHA BANU, J.] By consent of both parties, these Writ Petitions are taken up for final disposal at the stage of admission itself.

2.Mrs.D.Farjana Ghoushia, learned Special Government Pleader takes notice for the respondents.

3.The show cause notice dated 05.03.2025 issued by the 4th respondent under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'the Act') is under challenge in this Writ Petition. Since it is only a

show cause notice seeking explanation from the petitioners, they have to give their reply for the same. Therefore, the petitioners are directed to appear before the 4th respondent on 24.03.2025 with all relevant records. On such appearance, the 4th respondent is directed to conduct an enquiry and considering the reply given by the petitioners, pass appropriate order under Section 6 of the Act within a period of twelve weeks thereafter.

4.With the above direction, these Writ Petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [J.N.B., J.] & [S.S.Y., J.] 19.03.2025 NCC : Yes / No Index : Yes / No Yuva Note: Issue order copy by today (19.03.2025) itself. To 1.The District Collector, Pudukkottai, Pudukkottai District.

2.The Revenue Divisional Officer, Aranthanki, Pudukkottai District.

3.The Tahsildar, Aavudaiyar Kovil Taluk,

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva 4.The Revenue Inspector, Mimisal Post, Aavudaiyar Kovil Taluk, W.P.(MD)Nos.7583 to 7596 of 2025 19.03.2025