Vallimayil v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.(MD)No.26335 of 2025 Vallimayil ... Petitioner Vs.

1.The District Collector, Virudhunagar, Virudhunagar District.

2.The Tahsildar, Srivilliputhur Taluk, Virudhunagar District.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent dated 30.10.2025 in Na.Ka.No.A.1/515/2025 and quash the same and consequently forbear the respondents from interfering with the peaceful possession and enjoyment of the property in Survey No.603/56 situated at Chokkalampatti Utkadai, PattakulamSallipatti Village, Srivilliputhur Taluk, Virudhungar District. 1/4

For Petitioner : Mr.K.Sudalaiyandi For Respondents : Mr.D.Sadiq Raja (R1 & R2) Additional Government Pleader

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.) Mr.D.Sadiq Raja, learned Additional Government Pleader, who accepts notice for the respondents, has ready instructions to enable a final disposal of the matter at the stage of admission. 2.The petitioner is aggrieved by issuance of an order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (in short 'Act'). The order is dated 30.10.2025.

3.Mr.Sadiq Raja, has written instructions in Na.Ka.No.Aa1/515/2025, dated 24.11.2025, stating that the impugned order has not been preceded by a show cause notice under Section 7 of the Act, as statutorily required.

4.In such circumstances, let the impugned order dated 30.10.2025, be treated as a show cause notice. The petitioner will file her reply within two weeks from today. The authority shall hear the petitioner and take the proceedings to their logical conclusion, in accordance with 2/4

law, within a period of four weeks thereafter. The impugned order shall, hence, be treated as a notice, and the Writ Petition is disposed. No costs. Consequently, connected Miscellaneous Petition is closed. [A.S.M.J.,] & [C.K.J.,] 24.11.2025 NCC :Yes/No Index :Yes/No Internet :Yes ps To 1.The District Collector, Virudhunagar, Virudhunagar District.

2.The Tahsildar, Srivilliputhur Taluk, Virudhunagar District.

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DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

ps 24.11.2025 4/4