W.P.No.18905 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.05.2025 CORAM : THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN W.P.No.18905 of 2025 and W.M.P.No.21179 of 2025 S.Sakthivel Petitioner Vs 1. The District Collector, O/o.The District Collector, kallakurichi & District. 2. The Tahsildar, O/o. The Tahsildar, Kallakurichi Taluk & District. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari to call for entire records connected with the 2nd Respondent's impugned Show Cause Notice in A4/1264/2023, dated 28.04.2025 issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 and quash the same as illegal and https://www.mhc.tn.gov.in/judis W.P.No.18905 of 2025 arbitrary. For the Petitioner : Mr.G.Balamanikandan For the Respondents : Mr.K.Suresh Government Advocate ORDER (Made by G.R. SWAMINATHAN, J.) Heard both sides. 2. What is under challenge is only the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905. The petitioner counsel states that the said site has been classified as “grama natham” and, therefore, respondent No.2 does not have any jurisdiction to initiate proceedings. This point can very well be taken by the petitioner before respondent No.2. Respondent No.2 will hold an enquiry and pass a speaking order dealing with the defence taken by the petitioner. If any adverse order is passed, the petitioner has an appeal remedy and, we are sure that, even if the adverse order is passed, it would not be implemented in a hurry. The petitioner should be given https://www.mhc.tn.gov.in/judis W.P.No.18905 of 2025 breathing time to exhaust his remedy. 3. With the above observation and leaving open all the contentions of the petitioner, the writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. (G.R.S.,J.) (V.L.N., J.) 21.05.2025 Index : Yes/No Neutral Citation : Yes/No bbr/vum To 1. The District Collector, O/o.The District Collector, kallakurichi & District. 2. The Tahsildar, O/o. The Tahsildar, Kallakurichi Taluk & District. https://www.mhc.tn.gov.in/judis W.P.No.18905 of 2025 G.R.SWAMINATHAN ,J. and V.LAKSHMINARAYANAN, J. bbr/vum W.P.No.18905 of 2025 and W.M.P.No.21179 of 2025 21.05.2025 https://www.mhc.tn.gov.in/judis