Rajagopal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P(MD)Nos.10186 & 10187 of 2024 1.Rajagopal 2.Subramanian 3.Irudayasamy 4.Velu @ Rajvelu 5.Kannan 6.Mahalakshmi 7.Vijayakumar ... Petitioners vs.

1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Thiruverumbur, 1/6

3.The Revenue Inspector, Navalpattu Circle, 4.R.Gururaj ... Respondents (R - 4 is impleaded vide order dated 13.06.2025 in W.M.P(MD)No.16630 of 2024) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records in pertaining to the impugned order of the second respondent vide his proceedings in Na.Ka.No.A1/424/2024 dated 10.05.2024 and quash the same as illegal and consequently directing the respondents not to interfere with the peaceful possession and enjoyment of the petitioners' properties without following any due process of law.

For Petitioners : Mr.K.P.Narayanakumar for Mr.T.Vadivelan For RR 1 to 3 : Mr.S.P.Maharajan Special Government Pleader For R - 4 : Mr.A.N.Ramanathan 2/6

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ Petition has been instituted challenging the final notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. 2.The learned counsel appearing for the petitioners submitted that the petitioners have preferred an appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905.

3.In the absence of any interim order passed by the appellate authority, there is no impediment for the authorities to proceed with enforcement actions. However, the present Writ Petition is not maintainable since the petitioners have already preferred a statutory appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905. 3/6

4.In the light of the above observations, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

[S.M.S.,J.] & [A.D.M.C.,J.] 28.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Thiruverumbur, 3.The Revenue Inspector, Navalpattu Circle, 5/6

S.M.SUBRAMANIAM , J.

and DR.A.D.MARIA CLETE , J.

ps ORDER MADE IN DATED : 28.07.2025 6/6