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2026 Supreme(Online)(Mad) 29581

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Kumaresh Babu, JJ
S.Jayabharathi – Appellant
Versus
The Principal secretary to Government Revenue and Disaster management Department, St. George Fort, Secretariat, Chennai. – Respondent


Advocates:
For the Appellants/Petitioners: Mr.B.Sandeep Harish for Mr.Dhalapathy Vignesh Kumar
For the Respondents: Mr.T.Arun Kumar Additional Government Pleader for R1-5

Table of Content
1. petitioners' request for property rights. (Para 1)
2. procedure under land encroachment act explained. (Para 2 , 3 , 4)
3. dismissal of the writ petition ordered. (Para 5)

Notice issued under Section 7 of the Tamil Nadu Land Encroachment Act , 1905 (hereinafter referred to as ‘Act’), is under challenge in the present writ petition.

2. A show cause notice, per se, would not provide a cause for institution of writ proceedings. Petitioner is at liberty to submit his explanation along with the documents, if any, available to defend his case.

3. Learned Additional Government Pleader would submit that in view of the order of the writ court in W.P. No. 6530 of 2021, enforcement action shall be initiated for removal of encroachments.

4. That being the procedure contemplated under the Act, petitioner is at liberty to submit his representation to the competent authority, and on receipt of the explanation, if any, the competent authority shall consider the same, and thereafter proceed with the enforcement action, if encroachments are identified by following the procedure as contemplated under the Act and Rules. The said exercise shall be completed within a period of 12 weeks f

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