Dismissed¶35

Mr.Durairaj v. The District Collector

Madras HC18 Mar 2026WP/10644/2026

Case brief

AI extract

What is this about?

Madras High Court; WP No. 10644 of 2026; Durairaj v. District Collector, Kallakurichi and others; writ against show cause notice by Block Development Officer under Tamilnadu Land Encroachment Act; encroachment of public property; Tahsildar report; maintainability of writ against show cause notice; alternative statutory remedy; dismissal with liberty to file explanation; S.M. Subramaniam J. and K. Surender J.; decided 18-03-2026.

What did the court decide?

A show cause notice does not provide a cause for filing a writ petition. ¶28

Mr.Durairaj Vs The District Collector — Madras HC (2026) — LawSathi Research

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WP No. 10644 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 18-03-2026

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CORAM

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THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

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AND

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THE HON'BLE MR.JUSTICE K. SURENDER

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WP No. 10644 of 2026 and WMP No. 11552 of 2026

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Durairaj S/o.Chakkarapani, Door No.3/175 Nadu Street, Koogaiyur Village and Post, Chinnasalem Taluk, Kallakurichi District - 606 301.

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..Petitioner(s)

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The District Collector, Office of District Collector, Kallakurichi 606213, Kallakurichi District.

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The Revenue Divisional Officer/Sub Collector, Office of Revenue Divisional Officer, kallakurichi 606213, Kallakurichi District.

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The Tahsildar, Office of Tahsildar, Chinna salem 606201, Kallakurichi District.

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The Block Development Officer, Office of B.D.O., (Village Panchayat), Chinna Salem 606201, Kallakurichi District.

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The Village Administrative Officer, Office of V.A.O.,Koogaiyur Village and post 606301,

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__________ Page1 of 5

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

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WP No. 10644 of 2026

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Chinna Salem, Kallakurichi District.

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..Respondent(s)

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Calling for the records relating to Na.Ka.No.A1/1919/2021 dated 20.02.2026 and quash the same and consequently direct the respondents to conduct fresh survey in the presence of the petitioner strictly in accordance with law.

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WP No. 10644 of 2026

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For Petitioner(s): Mr.B.Balaji For Respondent(s): Mr.T.Arun Kumar, Addl.G.P. for R1 to R3 and R5 , Mr.D.Gopal, Govt.Advocate for R4

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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 letter dated 20.02.2026 issued by the Block Development Officer, Chinnasalem Panchayat Union, is under challenge in the present writ proceedings.

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A show cause notice would not provide a cause for filing the present writ petition. The Block Development Officer asked the petitioner to vacate the encroached portion of the public property relying on the report submitted by the Tahsildar. The petitioner is at liberty to submit his explanation along with the documents, if any, in response to the show cause notice impugned. The Block Development Officer shall consider the same and after forming final opinion, he has to submit a final report to the jurisdiction Tahsildar, who in

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Page2 of 5

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

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WP No. 10644 of 2026

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turn, has to initiate enforcement action under the provisions of the Tamilnadu

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Land Encroachment Act and by following the procedures as contemplated.

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This being the scheme under the Act for eviction of encroachers, if

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any identified, the present show cause notice is not amenable to writ jurisdiction. Consequently, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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(S.M.S.,J.) (K.S.,J.) 18-03-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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VSI

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