Disposed

V.Selvaraj v. The District Collector

Madras HC20 Jun 2025WP(MD)/15656/2019

Case brief

AI extract

What is this about?

Petitioner challenged an encroachment notice claiming the actual encroacher was the fifth respondent. The court declined to examine merits, directed that the notice be treated as a show cause notice, and ordered a personal hearing and reasoned orders within fixed timelines.

What did the court decide?

Impugned notice to be treated as show cause notice; reply within two weeks; personal hearing and detailed order within four weeks thereafter.

V.Selvaraj Vs The District Collector — Property and Title | Madras HC (2025)

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W.P.(MD)No.15656 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 20.06.2025

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CORAM:

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THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE and THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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W.P.(MD)No.15656 of 2019 and

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W.M.P.(MD)No.12333 of 2019

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V.Selvaraj, S/o.Venkatachalam, No.68/2f, Jayalakshmi Rice Mill Opposite, L.F.T.Road, Manchanallur, Trichy District.

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... Petitioner

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-vs-

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1.The District Collector, Trichy, Trichy District.

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2.The Assistant Director, Town Panchayats, Trichy Division, Trichy District.

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3.The Tahsildar, Mannachanallur, Trichy District.

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4.The Executive Officer, Manachanallur Town Panchayat, Trichy District.

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5.A.Durairaj No.9th Ward Ex Councilor, No.5, Rajaji Nagar, Mannachanallur, Trichy District.

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... Respondents

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____________ Page 1 of 5

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

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W.P.(MD)No.15656 of 2019

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned notice, dated 08.07.2019 in Na.Ka.No. 386/2019, A3 issued by the fourth respondent and quash the same as illegal.

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For Petitioner : Mr.M.Dinesh

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For R-1 to R-4 : Mr.S.P.Maharajan Special Government Pleader For R-5 : Mr.S.K.Mani

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O R D E R

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[Order of the Court was made by S.SRIMATHY, J. ]

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The contention of petitioner is that he has not encroached as alleged in the impugned notice, for which he has relied on the earlier proceedings in WP(MD)No.15254 of 2022 and also a report submitted by the Advocate Commissioner in Contempt Petition No.537 of 2023. It is petitioner's case that the actual encroacher is fifth respondent.

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Therefore, petitioner is directed to treat the impugned notice as a show

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cause notice. Petitioner is also directed to submit his reply within a period of two weeks from the date of receipt of a copy of this order. On receipt of reply, fourth

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____________ Page 2 of 5

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

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W.P.(MD)No.15656 of 2019

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respondent shall provide an opportunity of personal hearing to petitioner and thereafter consider the case of petitioner and pass appropriate orders on merits and in accordance with law, within a period of four weeks therefrom.

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It is made clear that this Court has not gone into the merits of the case. The authorities shall independently consider the documents available on record and pass a detailed order.

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Petition stands disposed of. No order as to costs. Consequently, interim application stands closed.

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[K.R.SHRIRAM., C.J.] [S.SRIMATHY , J.]

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20.06.2025

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NCC : Yes/No Index : Yes/No LR/sm

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____________ Page 3 of 5

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

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W.P.(MD)No.15656 of 2019

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1.The District Collector, Trichy, Trichy District.

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2.The Assistant Director, Town Panchayats, Trichy Division, Trichy District.

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3.The Tahsildar, Mannachanallur, Trichy District.

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4.The Executive Officer, Manachanallur Town Panchayat, Trichy District.

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____________ Page 4 of 5

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

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W.P.(MD)No.15656 of 2019

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THE HON'BLE CHIEF JUSTICE and S.SRIMATHY, J.

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LR/Sm

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W.P.(MD).No.15656 of 2019

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20.06.2025

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____________ Page 5 of 5

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

V.Selvaraj v. The District Collector

Case brief

What is this about?

What did the court decide?

V.Selvaraj v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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