The pendency of a civil suit without an interim stay order does not prevent authorities from initiating an enquiry or taking action to remove encroachments on land officially classified as public land (Vandipaathai).

PRAYER :

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records pertaining to the impugned notice issued by the 3rd respondent in Na.Ka.A4/4186/2024 dated 06.08.2026 and quash the same as illegal.

For Petitioner : Mr. R.Gowrishankar

For Respondents : Mr.M.Mahaboob Athiff (R1 to R3)

Special Government Pleader : Mr.H.Arumugam (R4)

O R D E R

(Order of the Court was made by M.DHANDAPANI, J.)

This Writ Petition has been filed challenging the impugned enquiry notice dated 06.08.2026 issued by the third respondent.

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.

Upon perusal of the records, it is seen that the property comprised in Survey No.594 is classified as a “Vandipaathai”. The fourth respondent had earlier filed W.P.(MD) No.29305 of 2024 before this Court seeking removal of the alleged encroachment. This Court, by order dated 05.12.2024, disposed of the said Writ Petition by directing the official respondents to consider and pass appropriate orders. Pursuant to which an enquiry notice came to be issued to the petitioner. Challenging the said notice, the present Writ Petition has been filed.

The learned counsel appearing for the petitioner would submit that, in respect of the very same Survey No.594, the petitioner has already instituted a suit in O.S.No.105 of 2024 on the file of the District Munsif Court, Musiri and the same is pending consideration. According to the learned counsel for the petitioner, when the civil suit in respect of the very same property is pending, the issuance of the enquiry notice by the respondents is not sustainable. Accordingly, he would pray for appropriate orders.

Per contra, the learned Special Government Pleader appearing for the respondents 1 to 3 would submit that, though the petitioner has instituted a civil suit in respect of the subject property, the petitioner has not obtained any interim order restraining the respondents from proceeding with the enquiry or from taking action for removal of the encroachment. It is further submitted that, since the subject land is classified as Vandipaathai, the respondents are entitled to proceed in accordance with law for removal of any encroachment made thereon. Therefore, the learned Special Government Pleader would submit that the present Writ Petition is liable to be dismissed.

The learned Special Government Pleader has also produced before this Court the “A Register” relating to the subject property, which disclose that the land comprised in Survey No.594 is classified as a Vandipaathai.

In view of the above classification and considering the fact that the petitioner has not produced any order of the competent Civil Court restraining the respondents from proceeding in accordance with law, this Court is not inclined to interfere with the impugned enquiry notice.

Accordingly, the Writ Petition stands dismissed. It is open to the petitioner to work out his remedy before the competent Civil Court in the pending suit. No costs. Consequently, the connected miscellaneous petitions are closed.