Bakiyam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2026

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN and W.M.P.(MD) No.1582 of 2026 1.Bakiyam 2.Muphidathi 3.Mariappan 4.Appuranantham ... Petitioners -vs1.The District Collector / Inspector of Panchayat Tenkasi District, Tenkasi 2.The Revenue Divisional Officer Tenkasi Division, Tenkasi 3.The Tahsildar Alangulam Taluk Office Tenkasi District

4.Revenue Inspector Nettur Alangulam Taluk Tenkasi District 5.K.Balu ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the notice dated 17.12.2025 under reference Na.Ka.No.1031/2024/A2 as issued by the 3rd respondent under section 6 of Tamil Nadu Land Encroachment Act, 1905 and subsequently quash the same as illegal, erroneous and arbitrary and consequently direct the 3rd respondent to conduct an enquiry afresh by affording an opportunity to the petitioners forthwith. For Petitioners :

Mr.S.Palanivelayutham For Respondents :

Mr.S.R.A.Ramachandran Additional Government Pleader for R1 to R4

O R D E R

[Order of the Court was made by DR.G.JAYACHANDRAN, J.] Challenging the notice dated 17.12.2025, issued by the third respondent, under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, the petitioners have filed this writ petition.

2. A perusal of the impugned notice shows that on the intervention of this Court, the official respondents have surveyed the subject land twice and identified the encroached portions and only thereafter, the impugned notice has been issued. Further, it is seen that the petitioners, who are encroachers, have been given adequate opportunity before issuing the impugned notice and only thereafter, they have been directed to remove the encroachments made by them in the subject land. Hence, we find no merit in this writ petition to interfere with the impugned notice.

3. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. [G.J., J.] [K.K.R.K., J.] 28.01.2026 (2/2) NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector / Inspector of Panchayat, Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, Tenkasi Division, Tenkasi.

3.The Tahsildar, Alangulam Taluk Office, Tenkasi District.

4.Revenue Inspector, Nettur, Alangulam Taluk, Tenkasi District.

DR.G.JAYACHANDRAN, J.

AND K.K.RAMAKRISHNAN, J.

krk and W.M.P.(MD) No.1582 of 2026 28.01.2026 (2/2)