Dismissed¶26

Kumarasamy v. The Tahsildar

Madras HC12 Aug 2025WP(MD)/21969/2025

Case brief

AI extract

What is this about?

Maintainability of writ petition against final notice under Section 6, Tamil Nadu Land Encroachment Act 1905; alternative statutory remedy of appeal under Section 10 before District Collector; show cause notice under Section 7 dated 28.04.2025; Writ of Certiorari under Article 226; encroachment eviction notice by Tahsildar, Melur Taluk, Madurai District; Revenue Inspector, Karungalakudk Firka; W.P.(MD)No.21969 of 2025; dismissed, no costs.

What did the court decide?

A writ petition against a final notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 is not maintainable. ¶26

Kumarasamy Vs The Tahsildar — Writ and Judicial Review | Madras HC (2025)

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W.P.(MD)No.21969 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 12.08.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND

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THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

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W.P.(MD)No.21969 of 2025 and W.M.P.(MD)No.17050 of 2025

Kumarasamy

... Petitioner

-Vs-

1.The Tahsildar, Melur Taluk, Madurai District. 2.The Revenue Inspector, Karungalakudk Firka, Melur Taluk, Madurai District. ... Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned eviction order passed by the 1^st respondent in his proceedings dated 10.06.2025 and quash the same as illegal, arbitrary.

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For Petitioner : Mr.S.Mandhiralingeswaran For Respondents : Mr.S.P.Maharajan, Special Government Pleader

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1/4

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

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W.P.(MD)No.21969 of 2025

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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 issued under Section 6 of the Tamil Nadu Land

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Encroachment Act, 1905 (hereinafter referred to as 'the Act') is under challenge in this Writ Petition.

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2.Admittedly, the show cause notice under Section 7 of the Act was issued on 28.04.2025, affording opportunity to the encroacher to submit explanation.

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3.The learned Special Government Pleader appearing for the respondents would submit that the encroacher has not submitted any explanation and therefore, based on the record, the 1^st respondent issued final notice under Section 6 of the Act.

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4.In view of the above, if at all the petitioner is aggrieved, he has to prefer an appeal under Section 10 of the Act before the District Collector concerned. However, Writ against final notice issued under Section 6 of the Act is 2/4

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

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W.P.(MD)No.21969 of 2025

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not maintainable and therefore, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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(S.M.S., J.) & (G.A.M., J.)

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12.08.2025

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NCC : Yes / No Index : Yes / No