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M.Perumal v. The District Collector

Madras HC17 Jul 2025WP(MD)/19353/2025

Case brief

AI extract

What is this about?

Encroachment enforcement notice; Town Panchayat Sithaiyankottai; Dindigul District; Executive Officer; District Collector; natural justice; show cause notice; opportunity to defend; unauthorized construction; survey; Article 226; Writ of Certiorari; W.P(MD)No.19353 of 2025; W.M.P(MD)Nos.14879 & 14881 of 2025; disposed with directions; R.Perumal; S.M.Subramaniam J.; A.D.Maria Clete J.; 17.07.2025.

What did the court decide?

Writ petition disposed of with directions: impugned notice dated 27.06.2025 treated as show cause notice; petitioner free to submit explanation with documents within 10 days; second respondent to verify encroachments (survey if not already done), pass final orders and complete enforcement within 12 weeks; no order as to costs; connected Miscellaneous Petitions (W.M.P(MD)Nos.14879 & 14881 of 2025) closed. ¶29

M.Perumal Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the notice dated 27.06.2025 issued by the second respondent, which announced enforcement action without any show cause notice or opportunity to the petitioner to respond, is sustainable.

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Court's answer

An encroacher or unauthorized occupant is entitled to an opportunity to defend his case; however, the impugned notice stated that enforcement actions would be undertaken by the Town Panchayat, and therefore no show cause notice was issued affording the petitioner an opportunity to respond.

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Ratio / Principle

The impugned notice dated 27.06.2025 is treated as a show cause notice to the petitioner, who is at liberty to submit his explanation along with supporting documents within ten (10) days from receipt of a copy of the order.

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Key takeaways

On receipt of the explanation, the second respondent shall ascertain whether unauthorized constructions or encroachments exist, conduct a survey if not already conducted, pass final orders and conclude the enforcement action; the entire exercise is directed to be completed within twelve (12) weeks from receipt of a copy of the order.ratio¶27

Detailed headnote1 paragraphs

Writ of Certiorari (Art. 226) before the Madurai Bench of Madras High Court against a Town Panchayat enforcement notice (Na.Ka.No.328/2025 dated 27.06.2025) issued by the Executive Officer, Selection Grade Town Panchayat, Sithaiyankottai. Held: an encroacher or unauthorized occupant is entitled to an opportunity to defend his case; since the notice merely announced enforcement action, no show cause notice affording the petitioner an opportunity to respond was issued. The impugned notice was treated as a show cause notice, with liberty to the petitioner to submit an explanation with supporting documents within 10 days; the second respondent was directed to ascertain whether unauthorized constructions or encroachments exist (conducting a survey if not already done), pass final orders and conclude enforcement within 12 weeks. Petition disposed of; no costs; connected miscellaneous petitions closed.

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W.P(MD)No.19353 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 17.07.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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W.P(MD)No.19353 of 2025 and

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W.M.P(MD)Nos.14879 & 14881 of 2025

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R.Perumal ... Petitioner

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vs.

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1.The District Collector, District Collectorate, Dindigul District. 2.The Executive Officer, Selection Grade Town Panchayat, Sithaiyankottai, Dindigul District. ... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records relating to the impugned proceeding issued by the respondent vide his proceeding in proceedings in Na.Ka.No.328/2025 dated 27.06.2025, quash the same.

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

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W.P(MD)No.19353 of 2025

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For Petitioner : Mr.T.Cibichakraborthy For Respondents : Mr.M.Sarangan Additional Government Pleader

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ORDER

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(Order of the Court was made by S.M.SUBRAMANIAM, J.)

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The notice, dated 27.06.2025 issued by the second respondent is

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under challenge in the present writ proceedings.

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2.Mr.M.Sarangan, learned Additional Government Pleader takes notice for the respondents.

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3.It is needless to state that an encroacher or unauthorized

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occupant is entitled to an opportunity to defend his case. However, the impugned notice states that enforcement actions will be undertaken by the Town Panchayat. Thus, it is apparent that no show cause notice was issued, affording an opportunity to the petitioner to respond.

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

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W.P(MD)No.19353 of 2025

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4.In view of the said fact, the impugned notice dated 27.06.2025

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is treated as a show cause notice to the petitioner. The petitioner is at liberty to submit his explanation, along with supporting documents, if any, within a period of ten (10) days from the date of receipt of a copy of this order. On receipt of any such explanation, the second respondent shall ascertain whether the unauthorized constructions or encroachments exist and thereafter pass final orders and conclude the enforcement action. It is needless to state that a survey is to be conducted, if not already conducted. The said exercise is directed to be completed within a period of twelve

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weeks (12) from the date of receipt of a copy of this order.

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5.With the above directions, this Writ Petition is disposed of.

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There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

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[S.M.S.,J.] & [A.D.M.C.,J.] 17.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps

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