V.Magalingam v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)No.16321 of 2025 1.V.Magalingam 2.Prakash 3.Suresh 4.Periasamy ... Petitioners -Vs1.State of Tamil Nadu, rep.by District Collector, Tiruchirapalli District, Collectorate, Tiruchirapalli-1.
2.The Tahsildar, Musiri Taluk, Taluk Office, Tiruchirapalli.
3.The Executive Officer, Mettupalayam Town Panchayat, 1/5
4.The Revenue Inspector, Thathayangarpettai Division , ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the 4th respondent issued on 10.07.2025 to 12 persons listed in the notice under section 7 of Tamil Nadu Land Encroachment Act, quash the same and consequently, directing the respondents to close down the issue as unimportant or unnecessary compared to the material circumstances involved. For Petitioners : Mr.S.K.Mani For R1, R2 & R4 : Mr.M.Sarangan, Additional Government Pleader For R3 : Mr.J.Ashok, Additional 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').
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2.No Writ against the show cause notice is maintainable, unless such notice has been issued by an incompetent authority having no jurisdiction or tainted with the allegation of mala fide. In the present case, the authorities competent conducted survey and identified the encroachment on the street. Thus, the impugned notice was issued. The petitioners are at liberty to submit their explanation to the authorities competent, who in turn, on receipt of such explanation, shall look into the same, take a final decision, issue final notice under Section 6 of the Act and thereafter, complete the enforcement action by removing the encroachment for the benefit of the public at large and for free usage of street by the people of that locality. The said exercise is directed to be completed within a period of eight (8) weeks from the date of receipt of a copy of this order. 3.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S., J.) & (A.D.M.C., J.) 04.08.2025 (2/2) NCC : Yes / No Index : Yes / No Yuva 3/5
To 1.The District Collector, State of Tamil Nadu, Tiruchirapalli District, Collectorate, Tiruchirapalli-1.
2.The Tahsildar, Musiri Taluk, Taluk Office, Tiruchirapalli.
3.The Executive Officer, Mettupalayam Town Panchayat, 4.The Revenue Inspector, Thathayangarpettai Division , 4/5
S.M.SUBRAMANIAM, J.
AND DR.A.D.MARIA CLETE, J.
Yuva 04.08.2025 (2/2) 5/5