Palthayammal v. The District Collector-Cum-Monitoring Committee

1 W.P.(MD)NO.19668 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.19668 of 2025 AND W.M.P.(MD)Nos.15123 & 15124 of 2025 Palthayammal ... Petitioner Vs.

1. The District Collector-cum-Monitoring Committee, Theni District.

2. The Revenue Divisional Officer, Uthamapalayam Taluk, Theni District.

3. The Tahsildar, Uthamapalayam Taluk, Theni District.

4. The Revenue Inspector, Erasakkanaickanur, Uthamapalayam Taluk, Theni District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, issuing a Writ of Certiorari, to call for the records pertaining to the impugned notice issued by the fourth respondent and its consequential notice dated 08.07.2025 issued by the third respondent and quash the same as illegal. 1/4

2 W.P.(MD)NO.19668 OF 2025 For Petitioner : Mr.M.Ramesh For Respondents : Mr.N.Ramesh Arumugam, Government Advocate.

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O R D E R

Heard both sides.

2. The petitioner challenges the order passed by the third respondent under Section 6 of the Tamil Nadu Land Encroachment Act 1905. According to the third respondent, the petitioner had put up a house in survey No.182 which is admittedly a water body. According to the writ petitioner, her house is located in survey No.183 which is not a water body.

3. We therefore direct the third respondent to conduct fresh survey after giving notice to the petitioner herein. If the result of the survey indicates that the petitioner's house is in survey No.183, it will be spared and if it is found to be in survey No.182, then it has to be necessarily demolished. The impugned order under Section 6 of the Act will abide by the outcome of the survey which shall be held in 2/4

3 W.P.(MD)NO.19668 OF 2025 the petitioner's presence. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 24th July 2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The District Collector-cum-Monitoring Committee, Theni District.

2. The Revenue Divisional Officer, Uthamapalayam Taluk, Theni District.

3. The Tahsildar, Uthamapalayam Taluk, Theni District.

4. The Revenue Inspector, Erasakkanaickanur, Uthamapalayam Taluk, Theni District.

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4 W.P.(MD)NO.19668 OF 2025 G.R.SWAMINATHAN,J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.19668 of 2025 24.07.2025 4/4