Kumarasamy v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.(MD)No.17050 of 2025 Kumarasamy ... Petitioner -Vs1.The Tahsildar, Melur Taluk, Madurai District.

2.The Revenue Inspector, Karungalakudk Firka, Melur Taluk, Madurai District.

... 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 eviction order passed by the 1st respondent in his proceedings dated 10.06.2025 and quash the same as illegal, arbitrary.

For Petitioner : Mr.S.Mandhiralingeswaran For Respondents : Mr.S.P.Maharajan, Special Government Pleader 1/4

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'the Act') is under challenge in this Writ Petition.

2.Admittedly, the show cause notice under Section 7 of the Act was issued on 28.04.2025, affording opportunity to the encroacher to submit explanation.

3.The learned Special Government Pleader appearing for the respondents would submit that the encroacher has not submitted any explanation and therefore, based on the record, the 1st respondent issued final notice under Section 6 of the Act.

4.In view of the above, if at all the petitioner is aggrieved, he has to prefer an appeal under Section 10 of the Act before the District Collector concerned. However, Writ against final notice issued under Section 6 of the Act is 2/4

not maintainable and therefore, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S., J.) & (G.A.M., J.) 12.08.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The Tahsildar, Melur Taluk, Madurai District.

2.The Revenue Inspector, Karungalakudk Firka, Melur Taluk, Madurai District.

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S.M.SUBRAMANIAM, J.

AND G.ARUL MURUGAN, J.

Yuva 12.08.2025 4/4