IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Sathish Kumar, M.Jothiraman, JJ
K.Leelavathi – Appellant
Versus
District Collector / Monitoring Committee – Respondent
W.P(MD)No.11633 of 2026|W.M.P(MD)No.8858 of 2026
| Table of Content |
|---|
| 1. challenges to encroachment notice lacking enquiry (Para 1 , 2 , 3) |
| 2. directs proper enquiry and hearing opportunity (Para 4) |
| 3. writ disposed with procedural directions (Para 5) |
(Order of the Court was made by N.SATHISH KUMAR, J.)
The petitioner has filed the present Writ Petition challenging the impugned notice dated 11.02.2026.
2. The impugned notice has been issued pursuant to the directions of this Court in an earlier writ petition filed by the fourth respondent, who is the adjacent landowner.
3. According to the petitioner, he has been in possession of the property for several years. It is his contention that it has not been ascertained whether any encroachment exists, and that the impugned notice has been issued solely based on the earlier order of this Court, without conducting a proper enquiry.
4. In such circumstances, this Court is of the view that the matter requires a proper factual enquiry. Accordingly, the petitioner is directed to submit all relevant documents along with a detailed explanation before the competent authority. Upon receipt of such documents and explanation, the authority shall conduct a proper enquiry regarding the property and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, the fourth respondent, and one Senthilkumar.
5. With the above directions, the Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
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