Dismissed¶44

Fuscos Matriculation Higher Secondary School v. The Commissioner of Land Administration

Madras HC12 Jan 2026WP(MD)/760/2026

Case brief

AI extract

What is this about?

W.P.(MD) No.760 of 2026, Madurai Bench of Madras High Court, 12.01.2026; Fusco's Matriculation Higher Secondary School vs Commissioner of Land Administration and 5 revenue authorities; writ dismissed; eviction notice 30.10.2025; Section 7 and Section 6 notices; Tamil Nadu Land Encroachment Act, 1905; Survey No. 365/1, Kulasekarankottai Village, Vadipatti Taluk, Madurai; suppression of Section 6 notice dated 17.12.2025; representation dated 07.11.2025 already disposed; Article 226; certiorarified mandamus; connected W.M.P.(MD)Nos.611 & 613 of 2026 closed; no costs.

What did the court decide?

The petitioner school has encroached upon public land in Survey No. 365/1 at Kulasekarankottai Village, Vadipatti Taluk, Madurai District. ¶39

Fuscos Matriculation Higher Secondary School Vs The… — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the impugned eviction notice dated 30.10.2025 on the file of the 6th respondent should be quashed and the respondents directed to act upon the petitioner school's representations dated 07.11.2025. +1 more

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Court's answer

The writ petition is dismissed because the petitioner's representation has already been considered and disposed of.

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Ratio / Principle

The petitioner school has encroached upon public land in Survey No. 365/1 at Kulasekarankottai Village, Vadipatti Taluk, Madurai District.

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Key takeaways

The writ petition was filed by suppressing the fact that the Section 6 notice dated 17.12.2025 had been served on the petitioner, misrepresenting the representation dated 07.11.2025 against the Section 7 notice as still pending.ratio¶39

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), W.P.(MD) No.760 of 2026, decided 12.01.2026 (Dr. G. Jayachandran, J., author; K.K. Ramakrishnan, J., on the bench). Fusco's Matriculation Higher Secondary School sought a writ of certiorarified mandamus under Article 226 of the Constitution of India to quash an eviction notice dated 30.10.2025 issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 on the file of the 6th respondent (Revenue Inspector, Neerathan Firka, Vadipatti) and to direct action on its representation dated 07.11.2025. The Court recorded that the petitioner had encroached public land in Survey No. 365/1, Kulasekarankottai Village; that a Section 6 notice dated 17.12.2025 had already been issued by the Tahsildar and received by the petitioner (copy produced in court by the Special Government Pleader, received by Sr.Anitha, Sr.Infant Chandrasekar and Rufus); and that the petitioner suppressed this service while filing the writ petition as if its representation were still pending. Holding the representation already considered and disposed of, the Court dismissed the writ petition with no order as to costs and closed connected miscellaneous petitions W.M.P.(MD)Nos.611 & 613 of 2026.

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W.P.(MD) No.760 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 12.01.2026

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CORAM:

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THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

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and

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THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.(MD)No.760 of 2026

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and

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W.M.P.(MD)Nos.611 & 613 of 2026

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Fusco's Matriculation Higher Secondary School, Represented by its Correspondent, 17-1-543, Main Road, T.Vadipatti, Madurai District.

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... Petitioner

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-vs-

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1.The Commissioner of Land Administration,

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Land Administration Department,

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2^nd Floor, Ezhilagam, Chepauk,

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Chennai – 600 005.

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2.The District Collector,

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District Collectorate, Madurai.

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3.The District Revenue Officer,

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The Office of the District Revenue Officer,

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Madurai.

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

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W.P.(MD) No.760 of 2026

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4.The Revenue Divisional Officer,

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The Office of the Revenue Divisional Officer, Madurai.

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5.The Tahsildar, Vadipatti Taluk,

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Madurai.

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6.The Revenue Inspector, Neerathan Firka, Vadipatti, Madurai. ... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned eviction notice dated 30.10.2025, on the file of the 6^th respondent and quash the same in respect of the petitioner school and directing the respondents to act upon the representations of the petitioner school, dated 07.11.2025.

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For Petitioner : Mr.S.Savarimuthu

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For Respondents 1 to 6 : Mr.S.P.Maharajan,

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Special Government Pleader

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

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W.P.(MD) No.760 of 2026

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O R D E R

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[Order of the Court was made by DR.G.JAYACHANDRAN, J.]

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The petitioner herein has encroached a public land in Survey No. 365/1 at Kulasekarankottai Village, Vadipatti Taluk, Madurai District. Hence, after issuing a notice under Section 7 of 'the Tamil Nadu Land Encroachment Act, 1905' [hereinafter referred to as 'the Act'], on 30.10.2025 and receipt of the representation of the petitioner herein dated 07.11.2025, notice under Section 6 of the Act been issued by the Tahsildar to the writ petitioner on 17.12.2025 and the same been received by the petitioner. However, suppressing the fact that the Section 6 notice dated 17.12.2025 served on them, the present Writ Petition is filed, as if representation of the petitioner dated 07.11.2025 as against Section 7 notice is still pending.

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2. The learned Special Government Pleader has served a copy of the Section 6 notice issued by the Tahsildar signed on 17.12.2025 and received by the representatives of the writ petitioner namely Sr.Anitha, Sr.Infant Chandrasekar and Rufus.

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W.P.(MD) No.760 of 2026

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3. The Writ Petition is therefore dismissed, since the representation has already been considered and disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

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12.01.2026

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NCC : Yes / No Index : Yes / No Internet: Yes / No

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W.P.(MD) No.760 of 2026

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