Gopal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.05.2025

CORAM:

THE HONOURABLE MR JUSTICE M.DHANDAPANI AND THE HONOURABLE MR.JUSTICE R.SAKTHIVEL W.P.(MD)No.13952 of 2025 and W.M.P.(MD)Nos.10104 & 10105 of 2025 Gobal : Petitioner Vs.

1. The District Collector, Dindigul Disrict, Dindigul.

2. The Revenue Divisional Office, Dindigul District, Dindigul.

3. The Tahsildar, Dindigul District.

4. The Revenue Inspector, Senthurai Sub Division,

5. The Village Administrative Officer,

6. The Firka Surveyor, : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the entire records relating to the impugned order passed by the 4th respondent in his proceedings NIL dated 11.04.2025 (Served on 28.04.2025) and set aside the same as illegal. For Petitioner : Mr.A.Balaji For Respondents : Mr.M.Lingadurai, Spl. Govt. Pleader

O R D E R

[Order of the Court was made by M.DHANDAPANI, J.] Challenging the eviction notice issued by the 4th respondent, dated 11.04.2025 (Served on 28.04.2025), the petitioner has filed this Writ Petition.

2. Mr.M.Lingadurai, learned Special Government Pleader takes notice for respondents.

3. It is the case of the petitioner that he is in possession and enjoyment of the land in S.No.20/9 to the total extent of 0-53.00 ares. While being so, without issuing any show cause, the fourth respondent has issued the impugned eviction notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, directing the petitioner to remove the encroachment made by him by putting up a bund in the Government land. Aggrieved by the same, the petitioner has filed this Writ Petition.

4. The learned Special Government Pleader appearing for the respondents would submit that hat the present impugned notice may be treated as show cause notice, for which, the petitioner may give his explanation and on receipt of the same, necessary orders would be passed.

5. In view of the above, the impugned eviction notice dated 11.04.2025 (Served on 28.04.2025) is treated as show cause notice and the petitioner is directed to submit his explanation /objection to the same,

enclosing all the relevant materials to substantiate his claim within a period of three weeks from the date of receipt of a copy of this order. On receipt of such explanation / objection, the authority concerned is directed to consider the same and pass appropriate orders on merits and in accordance with law, after affording sufficient opportunity of personal hearing to all the parties concerned within a period of four weeks thereafter. If there is any encroachment in the place in question, the same shall be removed by the authority concerned by following due process of law.

6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [M.D.I.,J.] & [R.S.V.,J.] 08.05.2025 Index : Yes/No vsm

To

1. The District Collector, Dindigul Disrict, Dindigul.

2. The Revenue Divisional Office, Dindigul District, Dindigul.

3. The Tahsildar, Dindigul District.

4. The Revenue Inspector, Senthurai Sub Division,

5. The Village Administrative Officer,

6. The Firka Surveyor,

M.DHANDAPANI, J.

and R.SAKTHIVEL, J.

vsm W.P.(MD)No.13952 of 2025 08.05.2025