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Madras High CourtWP(MD)/31409/2025dismissed

K.Sekkan, v. The District Collector

2025-11-06Honourable Dr Justice Anita Sumanth,Honourable Mr. Justice C.Kumarappan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P(MD)Nos.24610 & 24611 of 2025 K.Sekkan ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Office of the Tahsildar, Melur Taluk, Madurai District 3.The Revenue Inspector, Kottampatti, Melur Taluk, Madurai District.

4.O.Chinnaiah ... Respondents 1/5

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the third respondent dated 06.09.2025, quash the same as illegal and consequently direct the third respondent to conduct a proper field survey in Survey No.516/26 of Chokkalingapuram Village, Melur Taluk, Madurai District, in accordance with the Tamil Nadu Survey and Boundaries Act, 1923.

For Petitioner : Mr.P.T.Ramesh Raja For Respondents : Mr.S.P.Maharajan (R1 to R3) Special Government Pleader

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.) The impugned proceeding is only a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 and the petitioner will file a reply to the same.

2.The grievance of the petitioner is that the time granted for submitting the reply had already expired even before the notice was affixed.

3.The petitioner is now granted two weeks time from today to file a reply along with supporting documents. 2/5

4.The petitioner states that at the time of the survey of the property in question ie., Survey No.516/26 of Chokkalingapuram Village, Melur Taluk, Madurai District, no notice was issued. 5.While on the other hand, Mr.S.P.Maharajan, learned Special Government Pleader, who accepts notice for R1 to R3 would submit that the survey had been conducted on 22.08.2025 after due notice. 6.Since this is a question of fact and we are not in possession of the necessary records, we leave it to the petitioner to raise all his contentions before the authorities in the reply to the show cause notice. 7.This Writ Petition is dismissed granting liberty to the petitioner as aforesaid. No costs. Consequently, connected Miscellaneous Petitions are closed.

[A.S.M.J.,] & [C.K.J.,] 06.11.2025 NCC :Yes/No Index :Yes/No Internet :Yes ps 3/5

To 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Office of the Tahsildar, Melur Taluk, Madurai District 3.The Revenue Inspector, Kottampatti, Melur Taluk, Madurai District.

4/5

DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

ps 06.11.2025 5/5