Esakkidurai Vs The District Collector

Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings in letter No.Ko./2026/Ipo(K) dated 26.03.2026 by the sixth respondent and consequential Form-III dated 26.03.2026, quash the same and consequently direct the respondents not to interfere with the petitioner's peaceful possession and enjoyment of the shop bearing door No.108-B situated in T.S.No.205, Ward-D, Block-23, Kadayanallur Town.

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For Petitioner : Ms.A.Banumathy For Respondents : Mr.C.Venkatesh Kumar, Special Government Pleader.

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O R D E R

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Heard both sides.

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The impugned Form-III notice is quashed only on the ground

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that before conducting survey, the petitioner was not put on notice.

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2/5

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

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3 W.P.(MD)NO.10075 OF 2026

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The matter is remitted to the file of the sixth respondent. The third respondent shall conduct survey after issuing notice to all the interested persons including the petitioner herein. Based on the same, Form-I notice will be issued. If it is seen that the petitioner is an encroacher, Form-II and Form-III notices shall be issued and consequential action shall also be taken. This writ petition stands allowed on these terms. No costs.

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(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.)

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16^th April 2026 NCC : Yes / No Index : Yes / No Internet : Yes / No

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PMU

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3/5

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

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4 W.P.(MD)NO.10075 OF 2026