P.Senthilkumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2025

CORAM:

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P(MD).No.17256 of 2025 and W.M.P(MD).Nos.13139 and 13140 of 2025 P.Senthilkumar ... Petitioner -vs1. The District Collector, Madurai District, Madurai.

2. The Tahsildar, Madurai West Taluk, Madurai District.

3. The Executive Officer, Nagamalai Pudukottai Panchayat Union, Madurai District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned proceedings in form 7 notice of 1905 Act 3 of Tamil Nadu dated 27.02.2025 and consequent notice of 1905 Act 3 of Tamil Nadu dated 22.04.2025 of the 2nd respondent and consequent impugned 1/5

communication in Na.ka.No.271/2025/Thi2 dated 04.06.2025 of the 3rd respondent quash the same as illegal and to direct the respondents to issue patta in S.No.408/3, Nagamalai Pudukottai, Vilacheri, Nagamalai Pudukottai Firca, Madurai West Taluk.

For Petitioner : Mr.A.Rajini For R1 to R3 : Mr.S.P.Maharajan Special Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 dated 27.02.2025 and the consequential order passed under Section 6 of the said Act dated 22.04.2025 are under challenge in the present writ petition.

2. The learned Special Government Pleader appearing for the respondents 1 to 3 relying on the written instructions given by the Tahsildar, Madurai West dated 24.06.2025, would submit that the encroachment in the subject property has already been removed and the Government has already started constructing Government Multipurpose Community Centre. 2/5

3. Since the encroachment has already been removed and the Government has already commenced the construction for Government Multipurpose Community Centre, no further adjudication is required in the present writ petition. However, the petitioner if aggrieved may prefer an appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 before the appellate authority.

4. With these observations, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S., J.) (A.D.M.C., J.) 25.06.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/5

To

1. The District Collector, Madurai District, Madurai.

2. The Tahsildar, Madurai West Taluk, Madurai District.

3. The Executive Officer, Nagamalai Pudukottai Panchayat Union, Madurai District.

4/5

S.M.SUBRAMANIAM, J.

and A.D.MARIA CLETE, J.

rgm W.P(MD).No.17256 of 2025 and W.M.P(MD).Nos.13139 and 13140 of 2025 25.06.2025 5/5