Boominathan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.(MD)Nos.26331, 26332, 26333, 26334 and 26335 of 2019 W.P.(MD)No.26331 of 2019:- Boominathan 1/9

W.P.(MD)No.26332 of 2019:- Mariappan 2/9

W.P.(MD)No.26333 of 2019:- Dharmar 3/9

W.P.(MD)No.26334 of 2019:- Karuppanan @ Thirumurugan 4/9

W.P.(MD)No.26335 of 2019:- M.Mari 5/9

COMMON ORDER (Order of the Court was delivered by G.R.Swaminathan, J.) Heard both sides.

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2.The writ petitioners challenge the final orders passed under Section 6 of the Land Encroachment Act, 1905. The Tahsildar, Kariyapatti had directed the removal of encroachment made in the channel running through S.Nos.31/3A, 31/3B, 31/3C, 31/3D and 32/3, Syriankulam Village. We had a look at the FMB and we are satisfied from the detailed marks found therein that a nilaviyal odai does run through these survey numbers. But then, in the notice issued under Section 7 of the Act, the Tahsildar, Kariyapatti has mentioned only about S.Nos.31/2 and 32/2. In other words, none of the survey numbers found in the final order passed under Section 6 of the Act find mention in the notice issued under Section 7 of the Act. It is well settled that there should be consonance between the final order and the showcase notice.

In the present cases, there is a complete dissonance. On this sole ground, we quash the impugned orders. We remand the matter to the file of the Tahsildar, Kariyapatti. It is open to the Tahsildar to initiate fresh proceedings and pass an order afresh on merits and in accordance with the law. We also place on record the submission of the learned Government Advocate that the encroachments in question were cleared on 10.12.2019 itself.

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3.These writ petitions are allowed accordingly. No costs. (G.R.S. J.,) & (R.P. J.,) 23.03.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias W.P.(MD)Nos.26331, 26332, 26333, 26334 and 26335 of 2019 23.03.2026 9/9