V.Murugaiah Vs The Tahsildar

Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records of the 1st respondent pertaining to the impugned notice dated 07.01.2026 made in Na.Ka. No.2658/ 2020/ A1 and to quash the same and consequently to direct the respondents not to interfere with the petitioners property viz., land measuring an extent 1937 sq.ft., comprised in survey No.62/3A situated at Goparasanallur Village, Poonamallee Taluk, Tiruvallur District.

¶18

__________ Page1 of 5

¶19

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

¶20

WP No. 25587 of 2026

¶21

WP No. 25587 of 2026

¶22

For Petitioner(s): Rohini Ravikumar Mahesh Kumar.S Aravind R R.Kamalesh Thamizhan S.P Lokesh Kumar P.K R.Soundarya Lakshmi R.Ananthakavibarathan

¶23

For Respondent(s): Mr.B.Sivakollapan, GA

¶24

Order

¶25

(Order of the Court was made by Dr.G.Jayachandran J.)

¶26

(1) Mr.B.Sivakollapan, learned Government Advocate accepts notice on behalf of the respondents. By consent, the main writ petition itself is taken up for final disposal at the admission stage itself.

¶27

(2) The petitioner herein, aggrieved by the show cause notice dated 07.01.2026, issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, to remove the encroachment made by him upon Meikkal Poramboke land [grazing land], is before this Court challenging the aforesaid notice on the ground that after receiving the show cause notice, the petitioner went to the office of the 1^st respondent, to participate in the enquiry on 09.01.2025, however, on the said date, no enquiry was conducted. Without passing any order and following procedure established under the law, the authorities are threatening to evict the petitioner herein.

¶28

Page2 of 5

¶29

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

¶30

WP No. 25587 of 2026

¶31

(3) The learned Government Advocate appearing for the respondents submitted that pursuant to the direction of this Court dated 16.06.2023 in WP.No.19685/2020, a survey was conducted in S.Nos.62/3 and 62/1,

¶32

wherein the petitioner herein has put up constructions and it was found that the petitioner is holding patta in respect of the land in S.No.62/3 and whereas, the portion of the land in S.No.62/1, occupied by the petitioner herein is a Meikkal Poramboke land. It is also to be noted that the impugned show cause notice is a follow up of the earlier show cause notice dated 03.09.2021 and Section 6 notice dated 30.09.2021. In this connection, yet another encroacher by name Veronica Evangeline Raj, filed a writ petition in WP.No.23827/2026, seeking protection of her peaceful possession and enjoyment of the land and building which is found to be a Meikkal Poramboke. This Court, vide order dated 25.06.2026, on consideration of the nature of the land upon which the encroachment is made, had dismissed the said writ petition. Further, the petitioner, who is also identically placed, cannot have better protection to enjoy the portion of the land which is classified as Meikkal poraomboke. In view of the above facts, we do not find any illegality in the show cause notice impugned in this writ petition.

¶33

(4) Hence, the writ petition stands dismissed. However, we make it clear that if the petitioner holds patta in respect of S.No.62/3, there shall be no disturbance to the building which stands at S.No.62/3 and the eviction

¶34

Page3 of 5

¶35

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

¶36

WP No. 25587 of 2026

¶37

process should be confined only to S.No.62/1. No costs. Consequently,

¶38

the connected miscellaneous petition is closed.

¶39

(G.J.,J.) (N.M.,J.) 03-07-2026