IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE DR. JUSTICE G.JAYACHANDRAN
Bakiyam – Appellant
Versus
The District Collector – Respondent
##PAGE1##
W.P.(MD) No.2003 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.01.2026
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
and
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
W.P.(MD) No.2003 of 2026
and
W.M.P.(MD) No.1582 of 2026
1.Bakiyam
2.Muphidathi
3.Mariappan
4.Appuranantham ... Petitioners
-vs-
1.The District Collector /
Inspector of Panchayat
Tenkasi District, Tenkasi
2.The Revenue Divisional Officer
Tenkasi Division, Tenkasi
3.The Tahsildar
Alangulam Taluk Office
Tenkasi District
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##PAGE2##W.P.(MD) No.2003 of 2026
4.Revenue Inspector
Nettur
Alangulam Taluk
Tenkasi District
5.K.Balu ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of certiorarified mandamus to call for the notice dated 17.12.2025
under reference Na.Ka.No.1031/2024/A2 as issued by the 3rd respondent
under section 6 of Tamil Nadu Land Encroachment Act, 1905 and
subsequently quash the same as illegal, erroneous and arbitrary and
consequently direct the 3rd respondent to conduct an enquiry afresh by
affording an opportunity to the petitioners forthwith.
For Petitioners : Mr.S.Palanivelayutham
For Respondents : Mr.S.R.A.Ramachandran
Additional Government Pleader for R1 to R4
O R D E R
[Order of the Court was made by DR.G.JAYACHANDRAN, J.]
Challenging the notice dated 17.12.2025, issued by the third
respondent, under Section 6 of the Tamil Nadu Land Encroachment Act, 1905,
the petitioners have filed this writ petition.
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##PAGE3##W.P.(MD) No.2003 of 2026
2. A perusal of the impugned notice shows that on the
intervention of this Court, the official respondents have surveyed the subject
land twice and identified the encroached portions and only thereafter, the
impugned notice has been issued. Further, it is seen that the petitioners, who
are encroachers, have been given adequate opportunity before issuing the
impugned notice and only thereafter, they have been directed to remove the
encroachments made by them in the subject land. Hence, we find no merit in
this writ petition to interfere with the impugned notice.
3. Accordingly, this writ petition is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
[G.J., J.] [K.K.R.K., J.]
28.01.2026
(2/2)
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
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##PAGE4##W.P.(MD) No.2003 of 2026
To:
1.The District Collector /
Inspector of Panchayat,
Tenkasi District, Tenkasi.
2.The Revenue Divisional Officer,
Tenkasi Division, Tenkasi.
3.The Tahsildar,
Alangulam Taluk Office,
Tenkasi District.
4.Revenue Inspector,
Nettur,
Alangulam Taluk,
Tenkasi District.
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##PAGE5##W.P.(MD) No.2003 of 2026
DR.G.JAYACHANDRAN, J.
AND
K.K.RAMAKRISHNAN, J.
krk
W.P.(MD) No.2003 of 2026
and
W.M.P.(MD) No.1582 of 2026
28.01.2026
(2/2)
____________
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