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2026 Supreme(Online)(Mad) 29727
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
D. Subadra Devi – Appellant
Versus
The District Collector, Salem – Respondent
WP Nos. 35151 to 35157 of 2005|WP.No.35151 of 2005
For the Appellants/Petitioners: Mr.Rahul Balaji
For the Respondents: Mr.T..Arunkumar Additional Government Pleader
Important Points
Subject
Administrative Law - Land Encroachment
Act Referred
Headnote
Facts of the case:
Petitioners filed writ petitions against a show cause notice issued under the Act, alleging illegal encroachment proceedings—pending for 21 years with interim relief enjoyed.
Findings of Court:
Petitioners may file representation; authority to consider and issue final notice within three months after representation review.
Issues: The viability of a writ petition against a show cause notice and the authority's jurisdiction.
Ratio Decidendi: The court emphasized that merits of the case cannot be adjudicated in writ proceedings unless the issuing authority lacks jurisdiction.
Result: Writ petitions dismissed.
| Table of Content |
|---|
| 1. petitioners seeking relief under the land encroachment act (Para 1) |
| 2. writ petitions challenging show cause notices require jurisdictional incompetence (Para 2) |
| 3. pending cases and interim orders concerning encroachments (Para 3) |
| 4. dismissing writ petitions with directions for competent authority engagement (Para 4) |
(Order of the Court was made by S.M.Subramaniam J.)
The present writ petitions have been instituted challenging the show cause notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (For brevity, hereinafter referred to as ‘Act’)
2. No writ against the show cause notice is entertainable, unless such notice has been issued by an incompetent authority having no jurisdiction. Petitioners, instead of submitting their explanation along with the documents, if any, have chosen to file writ petitions by raising certain grounds on merits, which cannot be adjudicated by the High Court in exercise of the powers of judicial review in writ proceedings.
3. Curiously, writ petitions challenging the show cause notice instituted in the year 2005 were kept pending before this Court for the past about 21 years and not listed for a long time. That apart, petitioner enjoyed the benefit of interim order for the past about 21 years, despite the fact that authorities identified the encroachments in the Government land.
4. In view of the facts and circumstances, petitioners are at liberty to submit their representation along with the documents, if any, within a period of two weeks from the date of receipt of a copy of this order. On receipt of any such explanation, the competent authority shall consider the same, take a final decision, and thereafter issued final notice under Section 6 of the Act and proceed with the enforcement action for removal of encroachments, if any, identified. The entire exercise is directed to be completed within a period of three months thereafter.
5. With the above directions, the writ petitions are dismissed. No costs.
Consequently, the connected miscellaneous petitioners, if any, are closed.
