Rashmi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.(MD) No.18426 of 2025 Rashmi ... Petitioner Vs

1. The District Collector, Pudukkottai District, Pudukkottai.

2. The Revenue Divisional Officer, Collector Office Campus, Pudukkottai.

3. The Executive Officer, Alangudi Selection Grade Town Panchayat, Pudukkottai District.

4. The Tahsildar, Alangudi Taluk, Pudukkottai District.

... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records pertaining to the impugned notice in Na.Ka.No.A2/85/2025 dated 07.08.2025 issued by the 3rd respondent herein and quash the same as illegal.

For Petitioner :

Mrs.A.Banumathy, For Respondents :

Mr.S.P.Maharajan Special Government Pleader

O R D E R

[Order of the Court was made by G.ARUL MURUGAN, J.] The writ petition is filed challenging the notice, dated 07.08.2025 issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, by the third respondent.

2.When there is an encroachment identified in the land belonging to the Government, then it is for the authorities to initiate appropriate action under the Tamil Nadu Land Encroachment Act, 1905. The proceedings would be initiated by issuing notice under Section 7 of the Act calling upon the encroacher to submit objections, if any. If any reply is submitted, the same would be considered by the authorities and 2/5

final notice under Section 6 of the Tamil Nadu Land Encroachment Act would be issued. Pursuant to which enforcement action would be completed.

3.In the instant case, only notice under Section 7 of the Tamil Nadu Land Encroachment Act has been issued by the respondent authorities, on identifying the encroachment. Instead of submitting a reply, the petitioner had come up with the present petition challenging the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, which is not maintainable.

4.In view of the above, granting liberty to the petitioner to submit her reply to the impugned notice, this writ petition is dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

[S.M.S., J.] [G.A.M., J.] 28.08.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No LR 3/5

To

1. The District Collector, Pudukkottai District, Pudukkottai.

2. The Revenue Divisional Officer, Collector Office Campus, Pudukkottai.

3. The Executive Officer, Alangudi Selection Grade Town Panchayat, Pudukkottai District.

4. The Tahsildar, Alangudi Taluk, Pudukkottai District.

4/5

S.M.SUBRAMANIAM, J.

and G.ARUL MURUGAN, J.

LR 28.08.2025 5/5