K.Periyannan Vs the District Collector

Prayer : Writ Petition under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus to dispose the appeal dated 11.08.2025 filed by the petitioner by invoking section 10 of Tamil Nadu Land Encroachment Act in a stipulated time prescribed by this Court.

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https://www.mhc.tn.gov.in/judis

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W.P No. 36213 of 2025

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For Petitioner : Mr.T.Muruganantham For Respondents : Mr.S.Arumugam Government Advocate

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Order

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(Order of the Court was made by R.Suresh Kumar J.)

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The prayer sought for herein is for a Writ of Mandamus to dispose the appeal dated 11.08.2025 filed by the petitioner by invoking section 10 of Tamil Nadu Land Encroachment Act in a stipulated time prescribed by this Court.

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As against the notice issued under Section 7 of the Land Encroachment Act dated 26.05.2025 issued by the Revenue Inspector, Vembadithalam Revenue Firkha, instead of giving a reply, the petitioner has filed an appeal to the first respondent District Collector on 11.08.2025 and in order to decide the said appeal, he has moved the present writ petition.

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Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

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https://www.mhc.tn.gov.in/judis

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W.P No. 36213 of 2025

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On a reading of Section 7 notice dated 26.05.2025, we find that it is only a show cause notice and followed by the same, Section 6 proceedings would be issued later on if no satisfactory cause is shown by the petitioner to the said show cause notice. Therefore, the petitioner has every chance to give reply to the show cause notice. Without resorting to the same since he has filed an appeal before the first respondent / District Collector as if it is a final order, we do feel that the present writ petition can be disposed of by giving liberty to the petitioner to give reply to the show cause notice.

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In that view of the matter, liberty is given to the petitioner to give reply to the show cause notice dated 26.05.2025 issued by the Revenue Inspector under Section 7 of the Land Encroachment Act within 15 days from the date of receipt of a copy of this order. On receipt of such reply, it is open to the Revenue Tahsildar ie., the third respondent to act upon by passing an order under Section 6 or otherwise on merits and in accordance with law.

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In view of the aforesaid liberty having been given, the appeal filed by the petitioner dated 11.08.2025 becomes otiose. Therefore, mandamus as sought for in this writ petition cannot be issued. By making this observation, this writ

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https://www.mhc.tn.gov.in/judis

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W.P No. 36213 of 2025

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petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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(R.S.K.,J.) (H.C.,J.) 14-10-2025

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No