Samayan M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)Nos.22767 to 22771 of 2025 & W.M.P.(MD)Nos.17833, 17857, 17890, 17855, & 17837 of 2025 M.Samayan ... Petitioner in W.P.(MD)No.22767 of 2025 V.Bose ... Petitioner in W.P.(MD)No.22768 of 2025 V.Periyasamy ... Petitioner in W.P.(MD)No.22769 of 2025 V.Chinnaraja ... Petitioner in W.P.(MD)No.22770 of 2025 V.Packiyam @ Packiyaraj ... Petitioner in W.P.(MD)No.22771 of 2025 Vs.

1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Thiruparangundram Taluk, 1/4

3.The Block Development Officer, Thiruparangundram Block, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the impugned eviction notice of the 3rd respondent vide his proceedings in Na.Ka.No. 271/2025/T5 dated 06.08.2025 to vacate petitioner's Tea Shop to extent of 0.01.0 Hec situating in Western side away from the road margin of service road annex with the Madurai to Ettaiyapuram Four Way National Highways at Parapathi Village, Thiruparankundram Taluk, Madurai District and quash the same as devoid of merits.

For Petitioner :Mr.S.Selvakumar For Respondents :Mr.C.Venkateshkumar Special Government Pleader for R1 & R2 : Mr.A.Kannan (in all W.Ps) Additional Government Pleader for R3 COMMON ORDER Heard both sides.

2. The writ petitioners herein challenge the eviction notice dated 06.08.2023 issued by the jurisdictional Block Development Officer. Even 2/4

though the impugned communication states that if the writ petitioners fail to vacate the premises in question, they would be removed in the presence of the Tahsildar with police aid, we make it clear that such action cannot be taken. If the petitioners fail to comply with the demand set out in the impugned communication, the procedure set out in the Land Encroachment Act will have to be taken.

3. With the aforesaid clarification, these Writ Petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [B.P., J.] 21.08.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Thiruparangundram Taluk, 3.The Block Development Officer, Thiruparangundram Block, 3/4

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

rmi W.P(MD)Nos.22767 to 22771 of 2025 21.08.2025 4/4