K.Chittammal v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.(MD)No.17030 of 2025 K.Chittammal ... Petitioner -Vs1.The Tahsildar (Dindigul West), Dindigul West (Taluk), 2.The Block Development Officer (K.U), Retiyarsatiram (Panchayat Union), 3.The Revenue Inspector, Retiyarsatiram (Circle), ... 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 impugned order passed by the 1st respondent in Na.Ka.No.3543/2025/A3, dated 31.07.2025 1/4

and to quash the same as illegal and consequently, to direct the respondents to drop the changing of HTI line pole.

For Petitioner : Mr.M.Vignesh Kumar For Respondents : Mr.V.OM.Prakash, Government Advocate

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) Admittedly, the authorities conducted survey and identified encroachment in the subject property, which is a Government land. Therefore, notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'the Act') was issued. The petitioner submitted her explanation and thereafter, final notice under Section 6 of the Act was issued. 2.The learned Government Advocate appearing for the respondents would submit that in the encroached Government land, the petitioner has constructed unauthorized building. Thus, the authorities competent have initiated enforcement action by following the procedures. 2/4

3.In view of the above, this Court is of the considered opinion that against the final notice under Section 6 of the Act, an appeal under Section 10 of the Act would lie before the District Collector concerned and therefore, the petitioner is at liberty to exhaust the appellate remedy as contemplated under the Act.

4.With the above observation, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S., J.) & (G.A.M., J.) 11.08.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The Tahsildar (Dindigul West), Dindigul West (Taluk), 2.The Block Development Officer (K.U), Retiyarsatiram (Panchayat Union), 3/4

S.M.SUBRAMANIAM, J.

AND G.ARUL MURUGAN, J.

Yuva 3.The Revenue Inspector, Retiyarsatiram (Circle), 11.08.2025 4/4