Aravind Raj v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2025

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD).Nos.13353 and 13354 of 2025 Aravind Raj ... Petitioner Vs.

1.The District Collector, Madurai District.

2.The Tahsildar, Usilampatti, 3.The Deputy Tahsildar, Chellampatti, 4.The Revenue Inspector, 5.The Village Administrative Officer, Boothipuram,

6.The Firka Surveyor, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, to call for the original impugned order under Na.Ka.No.4000/2024/Aa1 passed by the 2nd respondent dated 24.05.2025 and to quash the same as illegal and further to direct the respondent not to disturb the lawful possession of the petitioner in land situated under S.No.77/3A2 located at Boothipuram Village, Usilampatti, Madurai District. For Petitioner : Mr.B.Micheal Sebastin For Respondents : Mr.M.Sarangan Additional Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) Notice dated 24.05.2025 is under challenge in the present Writ Petition.

2. Admittedly, encroachments are identified by the revenue authorities and notice under Section 7 of the Tamil Nadu Land Encroachment Act was issued. After affording opportunity, order under Section 6 has been passed. Subsequently, enforcement actions are initiated through the impugned notice.

3. The learned counsel for the petitioner would submit that the father of the petitioner is no more and he was the encroacher. As far as the encroachers are concerned, only the occupant is liable and the person in occupation of the public property is to be evicted. Since the petitioner is having knowledge about the order under Section 6, he is at liberty to prefer an appeal before the District Collector under Section 10 of the Tamil Nadu Land Encroachment Act.

4. Granting liberty to the petitioner to prefer an appeal, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

(S.M.S.,J.) (A.D.M.C.,J.) 27.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The District Collector, Madurai District.

2.The Tahsildar, Usilampatti,

3.The Deputy Tahsildar, Chellampatti, 4.The Revenue Inspector, 5.The Village Administrative Officer, Boothipuram, 6.The Firka Surveyor,

S.M.SUBRAMANIAM,J.

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

Lm 27.06.2025