S.Jayabharathi vs The Principal secretary to Government Revenue and Disaster management Department, St. George Fort, Secretariat, Chennai.

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

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
WP No. 11207 of 2023

Important Points

A show cause notice under the Tamil Nadu Land Encroachment Act does not justify a writ proceeding; the petitioner may submit explanations for the competent authority's consideration before any enforcement action.

Subject

Administrative Law - Land Use

Act Referred

Tamil Nadu Land Encroachment Act: S.7

Headnote

(A) Constitution of India - Article 226 - Tamil Nadu Land Encroachment Act, 1905 - Challenge to notice issued under Section 7 - Writ petition dismissed as a show cause notice does not provide cause for writ proceedings - Petitioner is permitted to submit explanation and documents to the competent authority for consideration before enforcement action proceeds. (Paras 1-5)

(B) Writ Jurisdiction - The court reinforces the principle that enforcement actions regarding land encroachments must follow due process, allowing the petitioner the opportunity to contest claims. (Paras 2-4)

Facts of the case:
The petitioner challenged a show cause notice issued under the Tamil Nadu Land Encroachment Act regarding encroachment on property, seeking the grant of Patta for the contested land measuring 892 Sq.ft.

Findings of Court:
The court held that the petitioner could provide explanations and documents related to the enforcement of the notice, emphasizing adherence to procedural requirements under the Act.

Issues: The primary issue was whether the issuance of a show cause notice warranted a writ petition.

Ratio Decidendi: The court determined that a mere notice does not constitute sufficient grounds for a writ application, affirming that proper procedures must be followed in responding to land encroachment actions.

Result: Writ petition dismissed.

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)

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

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 from the date of receipt of copy of this order.

5. Accordingly, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed.