2026 Supreme(Online)(Mad) 81496
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. Dhandapani, N. Dilip Kumar, JJ
B. Senthamilselvi – Appellant
Versus
District Collector/Monitoring Committee, Tiruchirappalli District – Respondent
W.P(MD)No.24225 of 2026
For the Appellants/Petitioners: C. Abul Kalam Azad
For the Respondents: G. Mohan Kumar
The court directed the revenue authorities to consider the petitioner's reply to a show-cause notice issued under the Tamil Nadu Land Encroachment Act, 1905, and pass a reasoned order on merits and in accordance with law within a specified timeframe.
Headnote:(A) Writ of Mandamus - Administrative Action - Failure to consider representation - Direction to dispose of reply to show-cause notice in accordance with law. (Para 6)
(B) Land Encroachment - Tamil Nadu Land Encroachment Act, 1905 - Section 7 - Procedure for removal of encroachment - Requirement of reasoned order after considering the party's explanation. (Para 3, 6)
Issues: Whether the respondents are bound to consider the petitioner's reply to the show-cause notice before taking further action.
| Table of Content |
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| 1. petitioner's claim of ancestral property and challenge to the show-cause notice for unauthorized occupation. (Para 1 , 2 , 3) |
| 2. agreement between parties for the court to direct the respondents to consider the representation on merits. (Para 4 , 5) |
| 3. court's direction to pass a reasoned order within six weeks in accordance with law. (Para 6) |
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to consider and dispose of the petitioner representation/reply dated 05.08.2026, submitted in response to the Show Cause Notice issued by the 4th Respondent under Section 7 of The Tamil Nadu Land Encroachment Act, 1905 (Act III of 1905), in respect of the land comprised in S.No. 122/102, measuring an extent of 0.15.15 Ares, situated at Panayapuram Village, Srirangam Taluk, Tiruchirappalli consequential District, and consequently direct the Respondents 1 to 3 to make consequential entries / updation in the revenue records and village accounts, upon payment of the applicable land revenue/land tax (Theervai) by the petitioner.
O R D E R
(Order of the Court was made by M.DHANDAPANI, J.)
This Writ Petition has been filed for issuance of a Writ of Mandamus directing respondents 1 to 4 to consider and dispose of the petitioner's representation/reply dated 05.08.2026, submitted in response to the Show Cause Notice issued by the fourth respondent under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (Act III of 1905), in respect of the land comprised in S.No.122/102, measuring an extent of 0.15.15 Ares, situated at Panayapuram Village, Srirangam Taluk, Tiruchirappalli District and consequently, direct respondents 1 to 3 to make consequential entries/updation in the revenue records and village accounts, upon payment of the applicable land revenue/land tax (Theervai) by the petitioner.
2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself.
3.The petitioner claims that the petition-mentioned property is an ancestral property and that, though the petitioner along with her family has been residing therein for several decades, the Revenue Authorities have not considered her request seeking issuance of patta. The grievance of the petitioner is that, without considering the classification of the property, the fourth respondent had issued a show-cause notice dated 30.07.2026, alleging that the petitioner is in unauthorised occupation and calling upon her to submit her explanation to the said show-cause notice. The petitioner submitted a reply dated 05.08.2026 to the respondents 1 to 4. The grievance of the petitioner is that, despite the reply submitted by her, the authorities have neither conducted a proper enquiry nor passed a reasoned order. Hence, the petitioner has been constrained to file the present Writ Petition.
4. The learned counsel appearing for the petitioner would submit that it would suffice if this Court issues a direction to the respondents 1 to 4 to consider the petitioner's reply dated 05.08.2026 and pass appropriate orders thereon, on merits and in accordance with law, within a time frame to be fixed by this Court.
5. The learned Special Government Pleader appearing for the official respondents, on instructions, would submit that the authority concerned will consider the petitioner's grievance and pass appropriate orders on merits and in accordance with law.
6. Considering the above facts and circumstances of the case and without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to the respondents to consider the petitioner's reply dated 05.08.2026 and pass appropriate orders on merits and in accordance with law. Such exercise shall be completed as expeditiously as possible, preferably within a period of six weeks from the date of recei