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2026:MHC:497

W.P.No.2649 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2026

C O R A M

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

AND

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

W.P.No.2649 of 2026

and

W.M.P.Nos.2886 & 2891 of 2026

C.Kaliyappan ... Petitioner

-vs-

1.The Tahsildar,

Omalur Taluk,

Salem District.

2.The Revenue Inspector,

Karuppur, Omalur Taluk,

Salem District. ... Respondents

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

praying to issue a Writ of Certiorari, calling for the records relating to

proceeding Nil dated Nil passed by the 2^nd respondent, under Section 7 of

the Land Encroachment Act, 1905 and quash the same.

For Petitioner : Mr.M.Elango

For Respondents : Mr.T.Arun Kumar,

Addl. Govt. Pleader

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W.P.No.2649 of 2026

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 issued

under Section 7 of the Tamil Nadu Land Encroachment Act, 1905.

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

notice is issued by incompetent Authority having no jurisdiction. Section 7

notice is issued providing an opportunity to the petitioner either to vacate

the encroached portion of the Government land or to submit explanation

along with the documents, if any. If any documents are filed, the same is

to be considered by the competent Authority and thereafter, final notice

under Section 6 of the Act is to be issued. After issuance of Section 6

notice, Authorities are empowered to conclude the enforcement action by

evicting the encroachers from the Government property.

3. The learned Additional Government Pleader appearing on behalf

of the respondents would also submit that enforcement actions are initiated

pursuant to the directions issued by this Court in W.P.No.3082 of 2025

dated 03.02.2025.

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W.P.No.2649 of 2026

4. This being the procedure contemplated under the Tamil Nadu

Land Encroachment Act, show cause notice per se would not provide a

cause for institution of Writ proceedings. Granting liberty to the petitioner

to submit his explanation, the present Writ Petition stands dismissed. No

costs. Consequently, the connected miscellaneous petitions are closed.

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

29.01.2026

Index: Yes / No

Internet: Yes / No

dsa

To:

1.The Tahsildar,

Omalur Taluk,

Salem District.

2.The Revenue Inspector,

Karuppur, Omalur Taluk,

Salem District.

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W.P.No.2649 of 2026

S.M.SUBRAMANIAM, J.

AND

C.KUMARAPPAN, J.

dsa

W.P.No.2649 of 2026

29.01.2026

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