Velmurugan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P(MD)No.14859 of 2025 Velmurugan ... Petitioner vs.

1.The District Collector, Office of the District Collector, Madurai, Madurai District.

2.The Thasildar, Office of the Thasildar, Vadipatti Taluk, Madurai District.

3.Karthikeyan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for records 1/6

connected with the impugned eviction notice in Na.Ka.No.8673/Aa3/2022 dated 30.06.2025 on the file of the respondent No.2 and quash the same as illegal, consequently to direct the respondents 1 and 2 to not any actions on the basis of the order in Na.Ka.No.2702058/2024/J3 dated 14.05.2025 on the file of the respondent No.1 till the disposal of the appeal filed by the petitioner before the Commissioner of Land Administration in accordance with law.

For Petitioner : Mr.C.Ezhilarasu For RR 1 & 2 : Mr.M.Sarangan Additional Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The consequential order passed by the Tahsildar, Vadipatti, for enforcement of the orders passed by the District Collector for removal of encroachment is under challenge in the present Writ Petition. 2/6

2.It is not in dispute that a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as "the Act, 1905") was issued. After affording due opportunity, a final notice under Section 6 of the Act, 1905 was issued.

3.The petitioner preferred an appeal under Section 10 of the Act, 1905 before the District Collector, who in turn rejected the appeal vide proceedings dated 14.05.2025.

4.Pursuant to the orders of the District Collector, the Tahsildar, Vadipatti issued a notice to complete the enforcement action. Such notice came to be challenged in the present Writ Petition. 5.The enforcement actions were initiated pursuant to the directions issued by this Court in W.P(MD)No.1948 of 2019, dated 11.10.2022.

3/6

6.In view of the fact that the petitioner has challenged the consequential order passed by the Tahsildar, Vadipatti, for enforcement of the order of the District Collector for removal of encroachment, the present Writ Petition deserves no merit consideration. 7.Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. [S.M.S.,J.] & [A.D.M.C.,J.] 17.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The District Collector, Office of the District Collector, Madurai, Madurai District.

2.The Thasildar, Office of the Thasildar, Vadipatti Taluk, Madurai District.

5/6

S.M.SUBRAMANIAM , J.

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

ps ORDER MADE IN DATED : 17.07.2025 6/6