Mareeswari v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)Nos.13796 & 13798 of 2025 Mareeswari ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Block Development Officer, Sathur, Virudhunagar District.

3.The Revenue Tahsildar, Vembakkottai Taluk, Virudhunagar District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the 3rd respondent in Na.Ka.No.A3/1911/2025, dated 16.06.2025 and quash the same as illegal and other reliefs.

1/4

For Petitioner : Mr.N.Balasubramanian For R1 & R3 : Mr.J.Ashok, Additional Government Pleader For R2 : Mr.S.P.Maharajan Special Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ on hand has been instituted, challenging the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'the Act').

2.No Writ is entertainable against such notice, since it is an opportunity provided to the encroacher under the provisions of the Act. Thus, the petitioner has to submit his explanation along with documents if any to the Tahsildar / 3rd respondent for consideration. The Tahsildar / 3rd respondent, on receipt of any such explanation, may consider the same and thereafter, pass an order under Section 6 of the Act and remove the encroachment if any identified. 2/4

3.With the above observation, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S., J.) & (A.D.M.C., J.) 03.07.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Block Development Officer, Sathur, Virudhunagar District.

3.The Revenue Tahsildar, Vembakkottai Taluk, Virudhunagar District.

3/4

S.M.SUBRAMANIAM, J.

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

Yuva 03.07.2025 4/4