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2026:MHC:403

W.P.2751 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2026

C O R A M

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

AND

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

W.P.No.2751 of 2026

and

W.M.P.No.3007 of 2026

Rajalakshmi ... Petitioner

-vs-

1.The District Collector,

Cuddalore District.

2.The Revenue Divisional Officer,

Virudhachalam, Cuddalore District.

3.The Tahsildar,

Tittagudi Taluk, Cuddalore District.

4.The Block Development Officer,

Mangalur Panchayat Union,

Tittagudi Taluk, Cuddalore District. ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to

praying to issue a Writ of Certiorarified Mandamus, calling for the records

pertaining to the impugned order passed by the 3^rd respondent in respect of

the eviction Notice issued under Section 6 of the Tamil Nadu Land

Encorachment Act, 1905 (Tamil Nadu Act III of 1905) dated 08.01.2026

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W.P.2751 of 2026

relating to the petitioner’s property in Survey No.28/10B4 situated at

Ramanatham Viallage, Tittakudi Taluk, Cuddalore District, quash the same

as illegal and consequently, forbear the respondents from interfering with

the enjoyment and peaceful possession of the petitioner property in Survey

No.28/10B4 totally to an extent if 1057 1/2 sq.feet (as per Patta 1 Ares) in

Ramanatham Village, Tittagudi Taluk, Cuddalore District in any manner

whatsoever within a time frame fixed by this Court.

For Petitioner : Mr.S.Kalaikumar

For Respondents : Mr.T.Arun Kumar,

Addl. Govt. Pleader for R1 to R3

Mrs.Aswini Devi,

Addl. Govt. Pleader for R4

*****

O R D E R

(Order of the Court was made by S.M.SUBRAMANIAM,J.,)

The Writ on hand has been instituted challenging the notice under

Section 7 of the Tamil Nadu Land Encroachment Act, 1905 [hereinafter

referred to as “the Act”].

2. No Writ against the show cause notice is maintainable, unless

such notice has been issued by the incompetent Authority having no

jurisdiction. The petitioner on receipt of show cause notice is at liberty to

submit his explanation along with the documents, if any, to the Authorities

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W.P.2751 of 2026

for consideration. After arriving a conclusion regarding encroachment, the

Authorities has to issue final notice under Section 6 of the Act. Thereafter,

the appeal would also lie before the District Collector under Section 10 of

the Act. This bing the scheme under the Act, the present Writ Petition is

not maintainable.

3. Granting liberty to the petitioner to submit his representation along

with documents if any, the present Writ Petition stands dismissed. No

costs. Consequently, the connected miscellaneous petition is closed.

(S.M.S,J.,) (C.K,J.,)

30.01.2026

Index: Yes / No

Internet: Yes / No

dsa

To:

1.The District Collector,

Cuddalore District.

2.The Revenue Divisional Officer,

Virudhachalam, Cuddalore District.

3.The Tahsildar,

Tittagudi Taluk, Cuddalore District.

4.The Block Development Officer,

Mangalur Panchayat Union,

Tittagudi Taluk, Cuddalore District.

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W.P.2751 of 2026

S.M.SUBRAMANIAM, J.

AND

C.KUMARAPPAN, J.

dsa

W.P.No.2751 of 2026

30.01.2026

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