Dismissed¶30

D.Umasakthi v. The District Collector

Madras HC22 Jul 2025WP(MD)/19984/2025

Case brief

AI extract

What is this about?

Encroachment removal; Tahsildar Sivakasi letter to Block Development Officer, Inspector of Police, Assistant Executive Engineer, Fire Station Officer; Tamil Nadu Land Encroachment Act 1905 Sections 6 and 7 notices; implementation order no cause of action for writ; alternative remedy of appeal under the Act; Virudhunagar district; writ of certiorarified mandamus refused; Article 226; petition dismissed, no costs, connected miscellaneous petitions closed.

What did the court decide?

An implementation order passed by the Revenue Tahsildar to carry out eviction proceedings already passed does not provide any cause for filing a writ petition. ¶24

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

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the writ petition challenging the Tahsildar's inter-departmental communication/letter seeking official protection for removal of the petitioner's encroachment discloses any cause or merits, given the prior statutory notices under Sections 7 and 6 of the Tamil Nadu Land Encroachment Act, 1905.

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Court's answer

An implementation order passed by the Revenue Tahsildar to carry out eviction proceedings already passed does not provide any cause for filing a writ petition.

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Ratio / Principle

The writ petition is devoid of merits because sufficient opportunity under the Tamil Nadu Land Encroachment Act, 1905 had already been provided to the petitioner; accordingly the writ petition stands dismissed.

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Key takeaways

If aggrieved, the petitioner may prefer an appeal under the Tamil Nadu Land Encroachment Act, 1905.ratio¶30

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench) (S.M. Subramaniam, J. and A.D. Maria Clete, J.), W.P.(MD)No.19984 of 2025, decided 22.07.2025: Writ petition under Article 226 seeking certiorarified mandamus against notices issued by the Tahsildar, Sivakasi (Na.Ka.A.1/3-38-2025 dated 11.07.2025 and Na.Ka.A.1/3-24/2024 dated 14.07.2025), being the inter-departmental communication/letter from the Revenue Tahsildar to the Block Development Officer, Inspector of Police, Assistant Executive Engineer and Fire Station Officer seeking protection for removal of encroachment. After survey and identification of encroachment, notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 was issued on 01.04.2025, the petitioner made a representation, final notice under Section 6 followed on 07.05.2025, and eviction was fixed for 22.07.2025. Held: an implementation order to carry out eviction proceedings already passed furnishes no cause for a writ petition; sufficient opportunity under the Act had already been given; the writ petition is devoid of merits and stands dismissed, with liberty to the petitioner to prefer an appeal under the Act; no costs; connected miscellaneous petitions (W.M.P.(MD)Nos.15384 & 15385 of 2025) closed.

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W.P.(MD)No.19984 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 22.07.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

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AND

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THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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W.P.(MD)No.19984 of 2025 and W.M.P.(MD)Nos.15384 & 15385 of 2025

D.Umasakthi

... Petitioner

Vs.

1.The District Collector, Office of the District Collector, Virudhunagar District.

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2.The Block Development Officer, Sivakasi Panchayat Union, Virudhunagar District.

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3.The Tahsildar, Office of the Tahsildar, Sivakasi, Virudhunagar District.

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4.V.Gayathiri ...Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned notices issued by the 3^rd respondent in his proceedings in Na.Ka.A. 1/5

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

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W.P.(MD)No.19984 of 2025

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1/3-38-2025, dated 11.07.2025 and Na.Ka.A.1/3-24/2024, dated 14.07.2025 and to quash the same and consequently, directing the respondents, their men and agents not to interfere with the peaceful possession and enjoyment of the petitioner.

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For Petitioner : Mrs.P.Jessi Jeeva Priya For R1 to R3 : Mr.S.P.Maharajan, Special 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 inter departmental communication between the Revenue Tahsildar, Sivakasi Taluk and the Block Development Officer, Sivakasi Panchayat Union is under challenge in this Writ Petition.

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2.The Tashildar has addressed a letter to the Block Development Officer, Inspector of Police, Assistant Executive Engineer and Fire Station Officer to provide protection for the purpose of removing the encroachment. The said letter came to be challenged in the present Writ Petition. The implementation order passed by the Revenue Tahsildar to carry out the eviction proceedings already passed would not provide any cause for filing the Writ Petition.

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2/5

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

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W.P.(MD)No.19984 of 2025

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3.Admittedly, survey was conducted, encroachments are identified and thereafter, notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'the Act') was issued in proceedings dated 01.04.2025. The petitioner has also submitted her representation thereafter. The final notice under Section 6 of the Act was issued on 07.05.2025. Thereafter, the authorities competent have initiated action to remove the encroachment by fixing the date as 22.07.2025 (today). Thus, this Writ Petition came to be instituted, challenging the said communication of the Tahsildar to other officials for the purpose of removing the encroachment.

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4.This Court do not find any merits, since sufficient opportunity under

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the Act had already been provided to the petitioner. That being so, this Writ Petition is devoid of merits and the same stands dismissed. If at all the petitioner is aggrieved, she can prefer an appeal under the Act. No costs. Consequently, connected miscellaneous petitions are closed.

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(S.M.S., J.) & (A.D.M.C., J.) 22.07.2025

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NCC : Yes / No Index : Yes / No Yuva

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3/5

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

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W.P.(MD)No.19984 of 2025

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