Vasuki v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08.04.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN and WMP(MD)No.7637 of 2026 Vasuki ... Petitioner Vs.

1. The District Collector, District Collectors office, Trichy-1,

2. The Tahsildar, Taluk Office, Lalgudi, Lalgudi Taluk,

3. The Revenue Inspector, Taluk Office, Lalgudi, Lalgudi Taluk, ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified 1/6

Mandamus, calling for the records relating to 2nd respondent proceedings made in Na.Ka.Aa2/1704/2022, dated on 17.02.2026, 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 on 24.06.2025, in the light of petitioner's representation dated 24.12.2025. For Petitioner : Mr.R.Sundar For Respondents : Mr.S.P.Maharajan Special Government Pleader

ORDER

(Judgment of the Court was made by N.SATHISH KUMAR, J.) Challenging the eviction notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, the petitioner has filed this writ petition to quash the same with a consequential direction to the respondents to follow the direction issued by this court in W.P(MD)No. 4614 of 2025, dated on 24.06.2025, in the light of petitioner's representation dated 24.12.2025.

2.

Earlier, when Section 6 notice dated 31.01.2026 was issued, the petitioner filed W.P(MD)No.3032 of 2026 contending that though 2/6

show cause notice dated 30.01.2026 under Section 7 was issued, it was withdrawn on the very next day and without proceeding afresh, straightaway, Section 6 notice was issued on 31.01.2026. This Court by order dated 04.02.2026 disposed of the said writ petition with the following direction:

''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.''

3.

Today, when the matter was taken up for hearing, learned Special Government Pleader appearing for the respondents would submit that despite this Court restored Section 7 notice issued on 30.01.2026 in the above writ petition, the petitioner did not submit any explanation to 3/6

the same and therefore, the present impugned eviction notice has rightly been issued. Thus, the impugned notice requires no interference. 4.

Having not submitted any explanation to Section 7 notice, the petitioner cannot contend that the respondents have not conducted any enquiry before issuing the impugned eviction notice. Thus, we find no merit in this writ petition.

5.

Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. [N.S.K., J.] & [M.J.R., J.] 08.04.2026 Index : Yes / No : Yes / No bala To

1. The District Collector, District Collectors office, Trichy-1, 4/6

2. The Tahsildar, Taluk Office, Lalgudi, Lalgudi Taluk,

3. The Revenue Inspector, Taluk Office, Lalgudi, Lalgudi Taluk, 5/6

N.SATHISH KUMAR , J.

AND M.JOTHIRAMAN, J.

bala ORDER MADE IN DATED :

08.04.2026 6/6