Chinna Kalimuthu v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2025
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.(MD)No.26758 of 2025 Chinna Kalimuthu ... Petitioner Vs.
1.The District Collector, Virudhunagar, Virudhunagar District.
2.The Thasildar, 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.Aa.1/515/2025 and quash the same and consequently direct the respondents as not to disturb the peaceful possession and enjoyment of the property in No.603/38 situated at Chokkalampatti Utkadai, Pattakulam Sallipatti Village, Srivilliputhur Taluk, Virudhunagar District.
For Petitioner : Mr.K.Sudalaiyandi For Respondents : Mr.S.P.Maharajan (R1 & R2) Special Government Pleader 1/4
ORDER
(Order of the Court was made by DR.ANITA SUMANTH, J.) Mr.S.P.Maharajan, learned Special Government Pleader, accepts notice for the respondents and has ready instructions to enable final disposal of the matter at the stage of admission. Hence, with consent expressed by both parties, the following final orders are passed. 2.Challenge is to a notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 in Na.Ka.No.Aa1/515/2025 dated 30.10.2025. There are six persons, who are addressed in the impugned order. We had had an occasion to consider the challenge to the same order at the instance of one Vallimayil, (serial No.5 of the impugned order), who had instituted W.P.(MD)No.33619 of 2025 and the matter came up for hearing yesterday, ie., on 24.11.2025 and by an order even date, we stated as follows:
"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, shall be treated as a show cause notice. The petitioner will file her reply within two weeks from today. The authority shall 2/4
hear the petitioner and take the proceedings to their logical conclusion, in accordance with 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."
3.The ultimate conclusion was that the impugned order dated must be taken to be a notice and a time schedule was set out for completing the proceeding in accordance with law. We adopt the same conclusion and the time schedule in the present matter as well seeing as the order is common order.
4.This writ petition stands disposed. No costs. Consequently, connected miscellaneous petition is closed.
[A.S.M.J.,] & [C.K.J.,] 25.11.2025 NCC :Yes/No Internet :Yes ta To 1.The District Collector, Virudhunagar, Virudhunagar District.
2.The Thasildar, Srivilliputhur Taluk, Virudhunagar District.
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DR.ANITA SUMANTH, J.
AND C.KUMARAPPAN, J.
ta 25.11.2025 4/4