Madras High Court
D.Umasakthi vs The District Collector on 25 March, 2025
Author: J.Nisha Banu
Bench: J.Nisha Banu, S.Srimathy
W.P(MD)No.6847 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P(MD)No.6847 of 2025
and W.M.P(MD)Nos.5126 & 5128 of 2025
D.Umasakthi ... Petitioner
vs.
1.The District Collector,
Office of the District Collector,
Virudhunagar District.
2.The Block Development Officer,
Sivakasi Panchayat Union,
Virudhunagar District.
3.The Tahsildar,
Office of the Tahsildar,
Sivakasi, Virudhunagar District.
4.V.Gayathiri ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorarified Mandamus, calling for the records
relating to the impugned notice issued by the third respondent in his proceedings
in Na.Ka.A.1/3-24/2024 dated 07.03.2025 and to quash the same and
1/8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 12:38:21 pm )
W.P(MD)No.6847 of 2025
consequently directing the respondents, their men and agents not to interfere with
the peaceful possession and enjoyment of the petitioner.
For Petitioner : Ms.P.Jessi Jeeva Priya
For RR 1 to 3 : Mr.M.Sarangan
Additional Government Pleader
For R – 4 : Mr.K.C.Ramalingam
ORDER
(Order of the Court was made by J. NISHA BANU, J.)
Challenging the impugned notice issued by the third respondent,
dated 07.03.2025, under Section 6 of the Tamil Nadu Land Encroachment Act,
1905, the petitioner has filed the present Writ Petition.
2.According to the petitioner, the property comprised in Survey Nos.
438/36, 438/38, 438/39 and 438/44 situated at Naranapuram Village, Sivakasi
Taluk, Virudhunagar District belonged to her. Since the house was in a
dilapidated condition, the petitioner demolished the same and constructed a new
house after appropriate approval from the competent authority in the year 2003.
On the northern side of the house, the petitioner put up fence and also a gate for
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 12:38:21 pm )
her safety. In these circumstances, one Gurusamy filed a suit against the petitioner
and her husband for declaration and recovery of possession in O.S.No.339 of
2004, on the file of District Munsif Court, Sivakasi and the same was dismissed
by a Judgment and Decree dated 14.12.2007. Aggrieved by the same, the legal
representatives of the said Gurusamy has preferred an appeal in A.S.No.15 of
2008, on the file of the Sub Court, Sivakasi and the same was dismissed on
02.09.2008. In the meantime, the legal representatives of the said Gurusamy filed
an appeal in S.A.(MD).No.990 of 2009, on the file of this Court and the same is
pending. In these circumstances, the road on the northern side is very narrow, the
petitioner decide to use the common pathway on the eastern side. In between the
petitioner's house and the common pathway, there exist an Odai. In order to use
the said Odai without any hindrance to the water flow, the petitioner put up a
bridge across the Odai after proper inspection and guidance of the respondents 2,
3 and the Village Administration Officer. While being so, the petitioner received a
notice dated 09.07.2024 from the second respondent directing her to remove the
fence and constructions made in the suit property and the bridge in Survey No.
438/21 within a period of 15 days from the receipt of notice failing which it will
be removed by the concerned authorities. Though no explanation was called for,
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 12:38:21 pm )
the petitioner sent an explanation dated 15.07.2024 to the second respondent.
Aggrieved of the same, the petitioner filed a writ petition in W.P.(MD)No.19553
of 2024, on the file of this Court and the same was disposed on 14.08.2024.
Thereafter, the third respondent issued a notice under Section 7 of the Tamil Nadu
Land Encroachment Act, 1905 dated 08.10.2024 to the petitioner in respect to the
property in Virudhunagar District, Sivakasi Taluk, Naranapuram Village in
Survey No.438/36 and 438/21. The petitioner sent a detailed explanation on
18.10.2024 for the above said notice requesting not to proceed further in this
matter as the civil dispute is pending in S.A.(MD).No.990 of 2009, on the file of
this Court. Subsequently, after receiving petitioner's explanation, third respondent
issued a notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905
dated 17.12.2024 to the petitioner in respect of the property in Virudhunagar
District, Sivakasi Taluk, Naranapuram Village in Survey No.438/36 alone. Again,
the petitioner sent a detailed explanation on 20.12.2024 for the above said notice
requesting not to proceed further in this matter as the civil dispute is pending in
S.A.(MD).No.990 of 2009, on the file of this Court. In these circumstances, the
third respondent has issued a notice dated 07.03.2025 that the encroachments
made in the property mentioned in the notice under Section 6 of the Land
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 12:38:21 pm )
Encroachment Act, 1905 dated 17.12.2024 will be removed on 13.03.2025 around
11.00 am. Hence, this Writ Petition.
3.It is the grievance of the petitioner that before issuing the
impugned order, the third respondent failed to conduct a summary enquiry and
consider the explanation submitted by the petitioner dated 18.10.2024 for the
show cause notice issued under Section 7 of the Act.
4.The learned Additional Government Pleader appearing for the
respondents 1 to 3 submits that on 18.10.2024 the third respondent issued a notice
under Section 7 of the Tamil Nadu Land Encroachment Act, 1905. Since the
reply filed by the petitioner has been received by the authority concerned
belatedly, the third respondent issued the notice under Section 6 of the Tamil
Nadu Land Encroachment Act, 1905, dated 07.03.2025. He further submitted that
the impugned notice, dated 07.03.2025 issued by the third respondent may be set
aside and after considering the reply filed by the petitioner, the third respondent
will pass appropriate orders on merits and in accordance with law.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 12:38:21 pm )
5.In view of the above, the impugned notice issued by the third
respondent dated 07.03.2025 is set aside and the third respondent is directed to
consider the reply submitted by the petitioner, after giving sufficient opportunity
of personal hearing to the petitioner, the fourth respondent and all other parties
concerned, if any and pass appropriate orders on merits and in accordance with
law within a period of twelve (12) weeks from the date of receipt of a copy of this
order.
6.With the above direction, this Writ Petition is disposed of. There
shall be no order as to costs. Consequently, connected Miscellaneous Petitions are
closed.
[J.N.B.,J.] & [S.S.Y.,J.]
25.03.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 12:38:21 pm )
To
1.The District Collector,
Office of the District Collector,
Virudhunagar District.
2.The Block Development Officer,
Sivakasi Panchayat Union,
Virudhunagar District.
3.The Tahsildar,
Office of the Tahsildar,
Sivakasi, Virudhunagar District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 12:38:21 pm )
J.NISHA BANU, J.
and
S.SRIMATHY, J.
ps
ORDER MADE IN
DATED : 25.03.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 12:38:21 pm )
