Sebasthian v. The Secretary To Govt.(Home Depart)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P(MD)No.20583 of 2023 Sebasthian ... Petitioner vs.
1.The Secretary to Government (Home Department), Chief Minister Cell, Fort St. George, Chennai - 600 009.
2.The District Collector, Collectorate, Ramanathapuram, 3.The Revenue Divisional Officer, Ramanathapuram, 1/6
4.The Tahsildar, Thiruvadanai Taluk, Thiruvadani, 5.The Block Development Officer, Thiruvadanai Panchayat Union, 6.Manjula 7.Bose ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 2 to 5 herein to remove the encroachment made by the respondents 6 and 7 herein in Survey No.54 having extent of more than 9 cents situated in Chithamangalam, Andavoorani Panchayat and Post, Thiruvadanai Taluk, Ramanathapuram District based on the petitioner's representations dated 09.06.2020, 16.07.2020 and 27.07.2020 respectively within a stipulated time fixed by this Court.
For Petitioner : Mr.S.Muthukumar For RR 1 to 5 : Mr.S.P.Maharajan Special Government Pleader For R - 6 : Mr.S.M.Sanjay For R - 7 : No appearance 2/6
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) Today, when the matter is taken up for hearing, the learned Special Government Pleader appearing for the respondents 1 to 5 submitted that during the pendency of the Writ Petition, encroachments were identified. A notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 was issued to the encroachers and after affording them due opportunity, a final notice under Section 6 of the said Act was issued. However, enforcement action is yet to be completed and will be carried out by following the further procedures prescribed. 2.In view of the above, the authority concerned is directed to take enforcement action in accordance with the procedures contemplated under the Act and the relevant Rules.
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3.With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
[S.M.S.,J.] & [A.D.M.C.,J.] 23.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6
To 1.The Secretary to Government (Home Department), Chief Minister Cell, Fort St. George, Chennai - 600 009.
2.The District Collector, Collectorate, Ramanathapuram, 3.The Revenue Divisional Officer, Ramanathapuram, 4.The Tahsildar, Thiruvadanai Taluk, Thiruvadani, 5.The Block Development Officer, Thiruvadanai Panchayat Union, 5/6
S.M.SUBRAMANIAM , J.
and DR.A.D.MARIA CLETE , J.
ps ORDER MADE IN DATED : 23.07.2025 6/6