W.P(MD)No.16104 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 12.06.2026
CORAM
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR
and
THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN
W.P(MD)No.16104 of 2026
Nagarajan ... Petitioner
Vs.
1. The District Collector,
Pudukkottai District.
2. The Tahsildar / Monitoring Committee,
Kulathur Taluk,
Pudukkottai District.
3. The Zonal Deputy Block Development Officer,
Kunandarkovil Union,
Pudukkottai District. ... Respondents
For Petitioner : Mr.R.Mohanasundaram
For R1 to R3 : Mr.C.Jeganathan
Counsel for State
PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd respondent to consider the petitioner's objection dated 28.04.2026 in respect of the Notice No.01 dated 02.03.2026 issued in respect of land in Survey No.517/2 situated at Andakulam Village, Kulathur Taluk, Pudukkottai District in accordance with law within a stipulated period as framed by this Court.
ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.)
The prayer in this writ petition is to issue a Writ of Mandamus, directing the 3rd respondent to consider the petitioner's objection dated 28.04.2026 in respect of the Notice No.01 dated 02.03.2026 issued in respect of land in Survey No.517/2 situated at Andakulam Village, Kulathur Taluk, Pudukkottai District in accordance with law within a time frame.
2. It is the grievance of the petitioner that he is in possession of the property in the abovesaid survey number. However, the 3rd respondent issued a notice dated 02.03.2026 directing the petitioner to remove the encroachment. Hence, he seeks the above prayer.
3. We have perused the so-called notice. Notice has not been issued by the Tahsildar under Section 7 of the Tamilnadu Land Encroachment Act, 1905, whereas, it is only a warning notice issued by the 3rd respondent / Zonal Deputy Block Development Officer. If at all any encroachment is there in the subject place, the same shall be removed as per the Tamilnadu Land Encroachment Act, 1905. The warning notice issued by the 3rd respondent will not have any effect.
4. Hence, the 2nd respondent is directed to survey the subject property in the presence of the petitioner and if the survey reveals any encroachment therein, then the same shall be removed by following the procedure under the Tamilnadu Land Encroachment Act, 1905. Such an exercise shall be completed within a period of three months from the date of receipt of a copy of this order.
5. With the above direction, the Writ Petition is disposed of. No costs.
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