Madras High CourtWP(MD)/901/2019allowed

Arumugam, v. The Tahsildar

2026-03-23Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima4 pages

1 W.P.(MD)NO.901 OF 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MRS.JUSTICE R.POORNIMA W.P.(MD)No.901 of 2019 and W.M.P.(MD)No.727 & 728 of 2019

1. Arumugam

2. C.Balu

3. Pancharasaram

4. Balasubramanian

5. Nagaraj

6. Subbaiah

7. Neelakandan

8. Dharmaraj

9. Adaikalam

10. Thangamani

11. Thirunavukarasu 12.Karuppaiah 13.Murugesan 14.Ramu ... Petitioner Vs.

The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District.

... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for records relating to the impugned eviction order made by the respondent in his proceedings Nil dated 17.12.2018 and quash the same as illegal. 1/4

2 W.P.(MD)NO.901 OF 2019 For Petitioner : Mr.SA.Iniyavan Abdullah, for M/s.Ajmal Associates.

For Respondent : Mr.T.Amjad Khan, Government Advocate.

* * *

O R D E R

(Order of the Court was delivered by G.R.SWAMINATHAN, J.) The writ petitioner herein challenges the order dated 27.11.2018 passed by the Tahsildar, Thiruvadanai Taluk under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The order impugned in this writ petition is liable to be quashed on a short ground.

2. It is well settled that before passing an order under Section 6 of the Act, notice under Section 7 of the Act must be given. In the case on hand, this notice has not been given. A specific ground has also been taken to this effect in the affidavit filed in support of the writ petition. The counter affidavit filed by the respondent does not meet this ground. It is not the case of the respondent that notice under Section 7 of the Act was issued. Hence the order impugned in the writ 2/4

3 W.P.(MD)NO.901 OF 2019 petition is quashed. This writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.SWAMINATHAN, J.) & (R.POORNIMA, J.) 23rd March 2026 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District.

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4 W.P.(MD)NO.901 OF 2019 G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

PMU W.P.(MD)No.901 of 2019 23.03.2026 4/4