2026 Supreme(Online)(Mad) 34879

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.Subramaniam, K.Surender, JJ
M.Gnanavel – Appellant
Versus
The District Collector, Perambalur – Respondent
Writ Petition No.14740 of 2026 | W.M.P.No.16016 of 2026

Writ petition against show cause notice under encroachment Act is premature; exhaust remedies first.

Headnote:The petitioner challenged a show cause notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, alleging encroachment on government land. The court observed that writ proceedings are premature against a show cause notice, directing the petitioner to submit explanations to the competent authority. The authority must consider representations and follow due procedure before any removal action. The primary issue was whether a writ petition is maintainable against a show cause notice under the Act. The court held that petitioners must exhaust remedies by responding to the notice, emphasizing procedural compliance before final decisions on encroachments. The writ petition stands dismissed, with liberty to the petitioner to file explanations before the authority; no costs imposed.