Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
Santhanakrishnan – Appellant
Versus
The Tahsildar, Aathur Taluk, Dindigul District. – Respondent
W.P.(MD)No.8747 of 2026|W.M.P.(MD)No.7073 of 2026
| Table of Content |
|---|
| 1. challenge to show cause notice accepted for final disposal. (Para 1 , 2 , 3) |
| 2. premature writ against show cause notice. (Para 4) |
| 3. direct reply, enquiry, verify grama natham status. (Para 5 , 6) |
The petitioner has filed this writ petition challenging the show cause notice under the provisions of the Land Encroachment Act issued by the third respondent as illegal and for a consequential direction to the respondents not to interfere with the petitioner's peaceful possession.
2.Mr.A.Kannan, learned Additional Government Pleader, accepts notice for the respondents 1, 3 and 4 and Mr.J.Ashok, learned Additional Government Pleader, accepts notice for the second respondent.
3.By consent of both parties, this writ petition is taken up for final disposal at the time of admission itself.
4.The show cause notice dated 10.03.2026 issued by the respondent under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'the Act') is under challenge in this Writ Petition. Since it is only a show cause notice, seeking explanation from the petitioner, the petitioner has to give his reply for the same. The petitioner without submitting his explanation has prematurely filed this writ petition.
5.Therefore, the petitioner is directed to appear before the respondent with all relevant records and give his reply within a period of two weeks from the date of receipt of a copy of this order. On such appearance, the respondent is directed to conduct an enquiry and considering the reply given by the petitioner, pass appropriate order under Section 6 of the Act within a period of six weeks thereafter.
6.Further, perusal of the revenue records annexed by the petitioner in the typed set of papers, we find that the subject land is classified as Grama natham. If the land is classified as Grama Natham in the revenue records, the question of applying the provisions of the Land Encroachment Act does not arise at all. Hence, the authorities, before proceeding further, are directed to ensure the nature of the land and pass appropriate orders.
7.With the above direction, this Writ Petition is disposed of.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
