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2025 DAILYLAW 188614 (MAD)

R.SHANMUGAM v. THE DISTRICT COLLECTOR

WP/42912/2025 · 2025-12-02

C Kumarappan, S M Subramaniam

Transfer Petitionbody2025

Judgment text

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2025:MHC:2792 WP No. 42912 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-12-2025 CORAM THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN WP No. 42912 of 2025 1. R.Shanmugam Petitioner(s) Vs 1. The District Collector Perambalur District, Perambalur 2.The Tahsildar Tahsildar Office, Veppanthattai Taluk, Perambalur District. 3.The Revenue Inspector Pasubalur, Veppanthattai Taluk, Perambalur District. 4.The Village Administrative Officer Agharam Village, Veppanthattai Taluk, Perambalur District. Respondent(s) PRAYER Call for the records relating to the impugned section 7 notice dated Nil issued by 3rd respondent under the Tamil Nadu Land Encroachment Act, 1905 in respect of S.No.101/15, Agaram Revenue Village, and consequently direct the respondents to consider the petitioner’s application for regularization / patta, in light of over 12 years continuous, peaceful, and exclusive family possession. https://www.mhc.tn.gov.in/judis WP No. 42912 of 2025 For Petitioner(s): Mr.T.Dharani For Respondent(s): Mr.T.Arunkumar Additional Government Pleader For R1-R4. ORDER (Order of the Court was made by S.M.Subramaniam J.) Writ on hand has been instituted challenging notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as ‘Act’). 2. No writ against show-cause notice is maintainable, unless such notice has been issued by an incompetent authority having no jurisdiction or tainted with allegation of malafide. 3. Learned counsel for the petitioner would submit that explanation along with further documents have already been submitted to competent authority. 4. Such being the factum, competent authority has to consider the explanation along with documents, if any, submitted by petitioner and issue final notice under Section 6 of Act. Thereafter, complete enforcement action under the Act. Any person aggrieved from and out of final notice, may prefer an appeal before the District Collector under Section 10 of the Act. https://www.mhc.tn.gov.in/judis WP No. 42912 of 2025 5. With these observations, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.SUBRAMANIAM J.)(C.KUMARAPPAN J.) 02-12-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 42912 of 2025 To 1.The District Collector Perambalur District, Perambalur 2.The Tahsildar Tahsildar Office, Veppanthattai Taluk, Perambalur District. 3.The Revenue Inspector Pasubalur, Veppanthattai Taluk, Perambalur District. 4.The Village Administrative Officer Agharam Village, Veppanthattai Taluk, Perambalur District. https://www.mhc.tn.gov.in/judis WP No. 42912 of 2025 S.M.SUBRAMANIAM J. AND C.KUMARAPPAN J. gd WP No. 42912 of 2025 02-12-2025 1/2 https://www.mhc.tn.gov.in/judis