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

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

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: impugned eviction notice dated Nil treated as show cause notice; petitioner to submit explanation/objection with materials within three weeks of receipt of copy of order; authority to pass orders on merits in accordance with law after personal hearing to all parties within four weeks thereafter; any encroachment to be removed only following due process of law; no costs; connected miscellaneous petitions (W.M.P.(MD)Nos.6358 and 6359 of 2025) closed.

Issue for consideration

Whether the eviction notice dated Nil issued by the fourth respondent under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, without a prior show cause notice (and framed as if an eviction order under Section 6), is sustainable or liable to be quashed.

Court's answer

The impugned eviction notice dated Nil is treated as a show cause notice, and the petitioner is directed to submit his explanation/objection to the same, enclosing all relevant materials to substantiate his claim.

Ratio / Principle

Within three weeks of receipt of a copy of the order the petitioner is to submit his explanation/objection; on receipt thereof the authority concerned is to pass appropriate orders on merits and in accordance with law, after affording sufficient opportunity of personal hearing to all parties, within four weeks thereafter.

Key takeaways

If any encroachment is found in the place in question, it shall be removed by the authority concerned only by following due process of law.ratio¶39

Detailed headnote1 paragraphs

Writ Petition (Certiorari) under Article 226 - Eviction notice under Section 7, Tamil Nadu Land Encroachment Act, 1905 - Notice dated 'Nil', served 20.03.2025, issued by Revenue Inspector, Senthurai Sub-Division (Dindigul District) directing removal of bund allegedly put up in Government land - Petitioner contended that no show cause notice preceded the removal direction and that the notice read as if an eviction order under Section 6 of the Act - By consent, petition disposed of at admission stage: impugned notice TREATED AS SHOW CAUSE NOTICE rather than quashed - Petitioner to file explanation/objection with supporting materials within three weeks of receipt of copy of order - Authority to afford sufficient opportunity of personal hearing to all parties and pass orders on merits and in accordance with law within four weeks thereafter - Any encroachment found to be removed only by following due process of law - Disposed of with above directions, no costs; connected miscellaneous petitions W.M.P.(MD)Nos.6358 and 6359 of 2025 closed. (Madurai Bench of Madras High Court, 26.03.2025 - J.Nisha Banu J., author; S.Srimathy J.)

W.P.(MD) No.8506 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 26.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU

AND

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

W.P.(MD)No.8506 of 2025 and

W.M.P.(MD)Nos.6358 and 6359 of 2025

Karuppiah

... Petitioner

-Vs-

1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Dindigul District, Dindigul.

3.The Tahsildar, Natham Taluk, Dindigul District.

4.The Revenue Inspector, Senthurai Sub-Division, Natham Taluk, Dindigul District.

5.The Village Administrative Officer, Senthurai, Natham Taluk, Dindigul District.

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W.P.(MD) No.8506 of 2025

6.The Firka Surveyor, Senthurai, Natham Taluk, Dindigul District. ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the entire records relating to the Impugned Order passed by the 4^th respondent in his proceedings NIL dated NIL (Served on 20.03.2025) and set aside the same as illegal.

For Petitioner : Mr.A.Balaji For Respondents : Mr.S.S.Madhavan Additional Government Pleader

ORDER

[Order of the Court was made by J.NISHA BANU, J. ]

By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.The eviction notice issued by the fourth respondent dated Nil is under challenge in this Writ Petition.

3.The learned counsel appearing for the petitioner would submit that the subject property belongs to his father. After his demise, the petitioner and his

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W.P.(MD) No.8506 of 2025

brother are in possession of the property. While being so, the fourth respondent has issued the impugned eviction notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'the Act'), directing the petitioner to remove the encroachment made by him by putting up a bund in the Government land.

4.He would further submit that before directing removal of encroachment, a show cause notice has to be issued under Section 7 of the Act. In the present case, the 2^nd respondent has issued the notice under Section 7 of the Act as if an eviction order under Section 6 of the Act. Therefore, the same is liable to be quashed.

5.Mr.S.S.Madhavan, learned Additional Government Pleader, who takes notice for the respondents, would submit that the present impugned notice may be treated as show cause notice, for which, the petitioner may give his explanation and on receipt of the same, necessary orders would be passed.

6.In view of the above, the impugned eviction notice dated Nil is treated

as show cause notice and the petitioner is directed to submit his explanation / objection to the same, enclosing all the relevant materials to substantiate his claim Page 3 of 6

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W.P.(MD) No.8506 of 2025

within a period of three weeks from the date of receipt of a copy of this order. On receipt of such explanation / objection, the authority concerned is directed to consider the same and pass appropriate orders on merits and in accordance with law, after affording sufficient opportunity of personal hearing to all the parties concerned within a period of four weeks thereafter. If there is any encroachment in the place in question, the same shall be removed by the authority concerned by following due process of law.

7.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

[J.N.B., J.] & [S.S.Y., J.] 26.03.2025

NCC : Yes / No Index : Yes / No

ta

To

1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Dindigul District, Dindigul.

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W.P.(MD) No.8506 of 2025

3.The Tahsildar, Natham Taluk, Dindigul District.

4.The Revenue Inspector, Senthurai Sub-Division, Natham Taluk, Dindigul District.

5.The Village Administrative Officer, Senthurai, Natham Taluk, Dindigul District.

6.The Firka Surveyor, Senthurai, Natham Taluk, Dindigul District.

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W.P.(MD) No.8506 of 2025

J.NISHA BANU, J.

AND S.SRIMATHY, J.

ta

W.P.(MD)No.8506 of 2025

26.03.2025

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