C.Thiyagarajan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD) No.16953 of 2025 C.Thiyagarajan ... Petitioner Vs
1. The District Collector, Karur District Collectorate, Karur.
2. The Tahsildar, Krishnarayapuram Taluk, Karur District.
3. Rajamanickam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order dated 25.07.2025 passed in the proceedings bearing Na.Ka.A2/1879/2023 on the file of the 2nd Respondent and quash same a being untenable and illegal and further direct the Respondents conduct a proper enquiry in relation to the 1/6
lands in S.F.No.162 by giving notice to the Petitioner and recording his statement.
For Petitioner :
Mr.V.Kannan, For Respondent :
Mr.S.P.Maharajan (R1-R2) Special Government Pleader
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 in proceeding dated 25.07.2025 is sought to be assailed in the present writ proceeding.
2.The revenue authorities during survey identified encroachments in Government Land. Consequently, notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 was issued affording opportunity to the encroachers. Thereafter, final notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 was issued. The said notice is under challenge in the present writ proceedings.
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3.The petitioner herein earlier filed a writ petition in W.P(MD)No. 25820 of 2024 challenging the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, dated 09.10.2024. This Court allowed the writ petition on 11.11.2024 granting liberty to the revenue authorities to initiate fresh proceedings against encroachers in S.No.162/27. Pursuant to the orders of this Court, a fresh notice was issued to the petitioner once again affording opportunity to establish his right. Since the petitioner has not produced any acceptable document, final notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 was issued, which is under challenge in the present writ proceedings. In between, one Mr.Raja Manickam, third respondent herein filed yet another writ petition in W.P(MD)No.3777 of 2025. This Court disposed of the writ petition on 04.06.2025 directing the authorities to follow the procedures contemplated under the Tamil Nadu Land Encroachment Act, 1905 and remove the encroachments, if any, identified.
4.The practice of filing multiple writ petitions in respect of enforcement actions to remove the encroachments need not be 3/6
entertained by the High Court. At each and every stage, writ petitions are filed in order to protect the encroachments made by the encroachers. In the present case, opportunities were already granted to the writ petitioner to submit the documents and he could not able to submit any document establishing his right. Thus, final notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 was issued by the Tahsildar. This being the factum, this Court could not find any infirmity in the procedure followed.
5.With the above observations, the writ petition stands dismissed. There shall be no order as to costs. It is needless to state that all the encroachments in the said survey number are to be removed. Consequently, the connected miscellaneous petition is closed. [S.M.S., J.] [A.D.M.C., J.] 08.08.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No LR 4/6
To
1. The District Collector, Karur District Collectorate, Karur.
2. The Tahsildar, Krishnarayapuram Taluk, Karur District.
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S.M.SUBRAMANIAM, J.
and DR.A.D.MARIA CLETE, J.
LR 08.08.2025 6/6