Dismissed¶37

Vasanthi v. the District Collector

Madras HC6 Apr 2026WP/35584/2024

Case brief

AI extract

What is this about?

Pallikaranai marsh land encroachment eviction; show cause notice quash refused; Tamil Nadu Forest Lands (Eviction of Encroachments) Rules 1981 Rules 2 and 3; Section 68-A Tamil Nadu Forest Act 1882; S.No. 657/3A3 Sholinganallur Taluk; 133 hectares marsh land demarcation; 35 hectares dry land; resurvey boundary dispute; TNUHDB tenement allotment 06.01.2023; 52 encroachers Maraimalai Nagar Thailavaram Part II Scheme; writ petition dismissed Madras High Court; eviction within twelve weeks; explanation two weeks liberty.

What did the court decide?

No substantive relief; petitioner given liberty to submit explanation with documents within two weeks for consideration by the competent authority before eviction; connected Miscellaneous Petitions closed; no costs. ¶37

Vasanthi Vs the District Collector — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the show cause notice dated 07.11.2024 issued by the 3rd respondent under Rules 2 and 3 of the Tamil Nadu Forest Lands (Eviction of Encroachments) Rules, 1981 read with Section 68-A of the Tamil Nadu Forest Act, 1882 should be quashed, and whether the authorities should be directed to physically resurvey S.No. 657/3A3, demarcate the boundaries of the 133 hectares of marsh land conveyed to R3 and R4 and the remaining 35 hectares of dry land, and then proceed with eviction.

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Court's answer

The impugned show cause notice provides no cause for filing the writ petition; any defence available to the petitioner must be submitted as an explanation to the competent authorities for their consideration.

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Ratio / Principle

The petitioner has not established any right to the relief sought in the writ petition.

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Key takeaways

The writ petition is dismissed; the petitioner is at liberty to submit her explanation along with any documents within two weeks from receipt of a copy of the order.ratio¶37
On receipt of any such explanation, the competent authority shall consider it and, after taking a final decision, evict all encroachments from the marsh land within twelve weeks thereafter.ratio¶37

Detailed headnote1 paragraphs

Madras High Court (order made by S.M.Subramaniam J., bench comprising S.M.Subramaniam and K.Surender), dismissed W.P.No.35584 of 2024 filed by Vasanthi challenging a show cause notice (Na.Ka.No.63/2022 dated 07.11.2024) issued by the Forest Officer, Pallikaranai Division under Rules 2 and 3 of the Tamil Nadu Forest Lands (Eviction of Encroachments) Rules, 1981 read with Section 68-A of the Tamil Nadu Forest Act, 1882, asking her to vacate encroached forest land within 15 days. The petitioner had sought quashing of the notice and a direction to resurvey S.No. 657/3A3 and demarcate 133 hectares of Pallikaranai marsh land and 35 hectares of dry land before eviction. The Court held the notice gave no cause for a writ petition and that the petitioner had not established any right to the relief sought; it noted the Tamil Nadu Urban Habitat Development Board had allotted tenements (orders dated 06.01.2023) to 52 encroachers, including the petitioner, at Maraimalai Nagar, Thailavaram Part II Scheme. The writ petition was dismissed with liberty to submit an explanation with documents within two weeks; the competent authority is to consider it and, after a final decision, evict the encroachments within twelve weeks thereafter. Connected miscellaneous petitions closed; no costs.

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2026:MHC:1403

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WP No. 35584 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06-04-2026

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CORAM

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THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.SURENDER

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W.P.No.35584 of 2024 AND W.M.P.NOS.38461 of 2024 and 17164 of 2025

Vasanthi

..Petitioner

-vs-

The District Collector Office of District Collector, Kanchipuram District.

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The Tahsildar Sholinganallur Taluk, Chennai- 119.

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The Forest Officer Pallikaranai Division, Chennai-100.

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The District Forest Officer, DMS, Teynampet, Chennai- 18.

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… Respondents

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Prayer: Calling for the records connected with the impugned show cause notice issued by the 3^rd respondent in Na.Ka.No.63/ 2022 dated 07.11.2024 and quash the same and further direct the 2nd respondent to resurvey the S.No. 657/ 3A3 land physically in the presence of District Collector and demarcate the boundaries of 133 hectares of Marsh land conveyed to the 3rd and 4th respondent and consequently direct the 3^rd and 4th respondent to proceed with the eviction proceedings after clearly identified the boundaries of 133 hectare Marsh land and remaining part 35 hectares of dry land in S.No. 657/3A3.

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

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WP No. 35584 of 2024

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For Petitioner: Mr.M.Sakthi Narayanan For Respondents: Mr.Haja Nazirudeen, AAG Assisted by Dr.T.Seenivasan Spl. Govt. Pleader for R3 & R4 Dr.S.Suriya, AGP for R1 & R2 *****

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O R D E R

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(Order of the Court was made by S.M.Subramaniam J.)

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The show cause notice issued under the provisions of Rules 2 and 3 of 11The Tamil Nadu Forest Lands (Eviction of Encroachments) Rules, 1981 r/w Section 68-A of The Tamil Nadu Forest Act, 1882 is under challenge in the writ petition.

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Forest Authorities identified encroachments in the forest

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land and issued impugned show cause notice, asking the petitioner to vacate the encroached portion of the forest land within 15 days. The petitioner, instead of submitting explanation along with documents, if any available to the authorities, has chosen to file the writ petition.

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Learned counsel for the petitioner would mainly contend

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that though the contention of the respondents is that marsh land is encroached, authorities have not considered the claim set out by the petitioner.

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

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WP No. 35584 of 2024

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Learned Additional Advocate General appearing for R3 and R4 would oppose, by stating that marsh lands were identified by Forest Officials in co-ordination with Revenue Authorities and in order to protect the livelihood of encroachers in the marsh land, Forest Department has recommended for providing alternative tenement through Tamil Nadu Urban Habitat Development Board (in short ‘Board’) and in turn, the Board has already allotted tenements to all eligible encroachers and orders were also issued by the Board by proceedings dated 06.01.2023. The petitioner has also been allotted with a tenement and cost of the tenement has been deposited by the Department, enabling encroachers to occupy tenements and hand over the marsh land to Forest Officials to protect the same.

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Proceedings of the Board would show that 52 encroachers identified were allotted alternative accommodation at Maraimalai Nagar, Thailavaram Part II Scheme and therefore, the petitioner is to occupy the alternative accommodation already allotted to her under the said Scheme. As far as the impugned show cause notice is concerned, the said notice would provide no cause for filing the present writ petition. If at all the petitioner has got any defence, an explanation is to be given to competent authorities for their consideration. In any event, it is found

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

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WP No. 35584 of 2024

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that the petitioner has not established any right to grant the relief as such sought for in the present writ petition.

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Accordingly, the Writ Petition stands dismissed. If at all the petitioner has got any document or otherwise, she is at liberty to submit the explanation along with documents, if any within a period of two weeks from the date of receipt of a copy of this order. In the event of receipt any such explanation, the same shall be considered by the competent authority and after taking a final decision, all such encroachments from the marsh land shall be evicted within a period of twelve weeks thereafter. No costs. Consequently, connected Miscellaneous Petitions are closed.

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(S.M.S.,J.) (K.S.,J.) 06-04-2026

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

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

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WP No. 35584 of 2024

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To: