Govinthan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD) No.15408 of 2025 Govinthan ... Petitioner -vs1.The District Collector Virudhunagar Virudhunagar District 2.The Block Development Officer Srivilliputtur Taluk Virudhunagar District 3.The Thasildar Srivilliputtur Taluk Virudhunagar District 4.M.Karuppasamy ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for the records pertaining to the impugned notice issued by the third respondent in Na.Ka.A.No.1/727/2025, dated 21.05.2025 and quash the same as illegal in respect of the petitioner. For Petitioner :

Mr.K.Sudalaiyandi For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 & R3 Mr.V.Om Prakash Government Advocate for R2

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The final notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, is under challenge in this writ petition.

2. It is brought to the notice of this Court that the notice under Section 7 of the said Act was issued on 20.03.2025 and the petitioner, on receipt of the same, had not responded to the same and thereafter, the impugned final notice has been issued.

3. If at all the petitioner is aggrieved, he has to prefer an appeal before the Appellate Authority under Section 10 of the said Act.

4. At this juncture, learned Special Government Pleader appearing for the respondents 1 & 3, on instructions, submitted that survey has been conducted and the encroachments have also been identified and the subject property has been identified as "Government Poramboke Street" and therefore, removal of encroachments is imminent.

5. In view of the fact that final notice has been issued, there is no impediment for the parties to remove the encroachments in accordance with law and hence, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[S.M.S., J.] [A.D.M.C., J.] 23.07.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Virudhunagar, Virudhunagar District.

2.The Block Development Officer, Srivilliputtur Taluk, Virudhunagar District.

3.The Thasildar, Srivilliputtur Taluk, Virudhunagar District.

S.M.SUBRAMANIAM, J.

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

krk and W.M.P.(MD) No.15408 of 2025 23.07.2025