Samayan M v. The District Collector

Madras HC21 Aug 2025WP(MD)/22767/2025

Case brief

AI extract

What is this about?

Eviction notice; tea shop encroachment; highway service road margin; Madurai-Ettaiyapuram Four Way National Highways; Parapathi Village; Thiruparankundram Taluk; Block Development Officer; Tahsildar; police aid; Land Encroachment Act procedure; Article 226 certiorari; Madurai Bench of Madras High Court; writ disposed with clarification; no costs.

What did the court decide?

Writ Petitions disposed of with the clarification that the petitioners cannot be removed in the presence of the Tahsildar with police aid and that any action on their failure to comply must follow the procedure set out in the Land Encroachment Act; no costs; connected miscellaneous petitions closed. ¶29-30

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

What the court decided

AI extract

Outcome

¶29-30

Issue for consideration

Whether the impugned eviction notice issued by the jurisdictional Block Development Officer calling upon the writ petitioners to vacate their tea shop is liable to be quashed. +1 more

¶23-24

Court's answer

With the aforesaid clarification (that any removal must follow the Land Encroachment Act procedure), the writ petitions were disposed of; no costs; connected miscellaneous petitions closed.

¶29-30

Ratio / Principle

The Court made it clear that the petitioners cannot be removed in the presence of the Tahsildar with police aid merely for failing to vacate; if they fail to comply with the demand in the impugned communication, the procedure set out in the Land Encroachment Act will have to be taken/followed.

¶28

Detailed headnote1 paragraphs

Madras High Court, Madurai Bench (G.R. Swaminathan and B. Pugalendhi, JJ.) disposed of five writ petitions (W.P.(MD)Nos.22767 to 22771 of 2025) filed under Article 226 of the Constitution seeking a writ of Certiorari to quash eviction notices issued by the Block Development Officer, Thiruparangundram (proceedings Na.Ka.No. 271/2025/T5), directing the petitioners to vacate their tea shops admeasuring 0.01.0 Hec situated away from the road margin of the service road annexed to the Madurai-Ettaiyapuram Four Way National Highways at Parapathi Village. Although the impugned communication stated that the petitioners would be removed in the presence of the Tahsildar with police aid if they failed to vacate, the Court clarified that such action cannot be taken: if the petitioners fail to comply with the demand, the procedure set out in the Land Encroachment Act will have to be followed. Writ petitions disposed of with this clarification; no costs; connected miscellaneous petitions closed.

¶1

W.P.(MD)Nos.22767 to 22771 of 2025

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 21.08.2025

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI

¶6

W.P(MD)Nos.22767 to 22771 of 2025

¶7

¶8

W.M.P.(MD)Nos.17833, 17857, 17890, 17855, & 17837 of 2025

¶9

M.Samayan ... Petitioner in W.P.(MD)No.22767 of 2025 V.Bose ... Petitioner in W.P.(MD)No.22768 of 2025 V.Periyasamy ... Petitioner in W.P.(MD)No.22769 of 2025

¶10

V.Chinnaraja ... Petitioner in W.P.(MD)No.22770 of 2025

¶11

V.Packiyam @ Packiyaraj

¶12

... Petitioner in W.P.(MD)No.22771 of 2025

¶13

Vs.

¶14

1.The District Collector, Madurai District, Madurai.

¶15

2.The Tahsildar, Thiruparangundram Taluk, Thiruparangundram.

¶16

1/4

¶17

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

¶18

W.P.(MD)Nos.22767 to 22771 of 2025

¶19

3.The Block Development Officer, Thiruparangundram Block, Thiruparangundram. ... Respondents

¶20

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the impugned eviction notice of the 3rd respondent vide his proceedings in Na.Ka.No. 271/2025/T5 dated 06.08.2025 to vacate petitioner's Tea Shop to extent of 0.01.0 Hec situating in Western side away from the road margin of service road annex with the Madurai to Ettaiyapuram Four Way National Highways at Parapathi Village, Thiruparankundram Taluk, Madurai District and quash the same as devoid of merits.

¶21

For Petitioner	:Mr.S.Selvakumar
For Respondents	:Mr.C.Venkateshkumar Special Government Pleader for R1 & R2
	: Mr.A.Kannan
(in all W.Ps)	Additional Government Pleader for R3
	COMMON ORDER

¶22

Heard both sides.

¶23

The writ petitioners herein challenge the eviction notice dated

¶24

06.08.2023 issued by the jurisdictional Block Development Officer. Even 2/4

¶25

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

¶26

W.P.(MD)Nos.22767 to 22771 of 2025

¶27

though the impugned communication states that if the writ petitioners fail to vacate the premises in question, they would be removed in the presence of the Tahsildar with police aid, we make it clear that such action cannot be taken. If

¶28

the petitioners fail to comply with the demand set out in the impugned communication, the procedure set out in the Land Encroachment Act will have to be taken.

¶29