[Cites 2, Cited by 0]
Madras High Court
Ponnangan vs The District Collector on 26 February, 2026
Author: G.Jayachandran
Bench: G.Jayachandran
W.P.(MD) No.5470 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.02.2026
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
and
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
W.P.(MD) No.5470 of 2026
and
W.M.P.(MD) No.4596 of 2026
Ponnangan ... Petitioner
-vs-
1.The District Collector
District Collector Office
Theni District
2.The Revenue Divisional Officer (RDO)
Uthamapalayam
Theni District
3.The Tahsildar
Uthamapalayam
Theni District
4.The Executive Officer
Odapatti Town Panchayat
Theni District
5.Sekar ... Respondents
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W.P.(MD) No.5470 of 2026
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of certiorarified mandamus calling for the records of the 4th respondent
dated 19.02.2026 in NA.Ka.No.165/2021 and to quash the same as passed
without jurisdiction, arbitrary, illegal and in violation of principles of natural
justice in consequently direct the respondents not to interfere with the
petitioner's peaceful possession and enjoyment of his property comprised in
Natham survey No.340, new S.No.833/25 of Odapatti Village, Uthamapalayam
Taluk, Theni District, measuring to an extent of 1782 sq.ft. till the disposal of
the O.S.No.15/2026 pending on the file of District Munsif Court,
Uthamapalayam in the nature and circumstances of the case interest of
justice.
For Petitioner : Mr.R.Rajamohan
for M/s.Dhana Law Associates
For Respondents : Mr.J.Ashok
Additional Government Pleader for R1 to R3
Mr.S.R.A.Ramachandran
Additional Government Pleader for R4
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W.P.(MD) No.5470 of 2026
ORDER
[Order of the Court was made by DR.G.JAYACHANDRAN, J.]
Mr.J.Ashok, learned Additional Government Pleader, takes notice
for the respondents 1 to 3 and Mr.S.R.A.Ramachandran, learned Additional
Government Pleader, takes notice for the fourth respondent.
2. This writ petition is filed challenging the notice dated
19.02.2026, issued by the fourth respondent, directing the petitioner herein to
remove the encroachment made by him in the subject land.
3. Learned counsel for the petitioner submits that the impugned
notice has been issued by the fourth respondent alleging that the petitioner is
in occupation of the Panchayat land, which is classified as a Street in the
revenue records and therefore, the same has been directed to be removed on
or before 27.02.2026 or else, the same will be removed at his costs. He would
further submit that the said notice has been issued without affording any
opportunity to the petitioner and he would further submit that the RCC
construction put up by the petitioner is in his patta land.
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4. Learned Additional Government Pleader appearing for the
fourth respondent, on instructions, submitted that the petitioner is the owner
of the land in Survey No.833/25 of Odapatti Village. Whereas, he has
encroached upon the Street in Survey No.833/22 and therefore, after
surveying the area, the impugned notice has been issued by the Executive
Officer in exercise of his power under Section 128(1)(b) of the Tamil Nadu
Urban Local Bodies Act, 1988.
5. Learned Additional Government Pleader appearing for the
fourth respondent fairly conceded that before causing the impugned notice,
the petitioner should have been afforded an opportunity to show cause as to
why action should not be taken against him for removal of the encroachment.
In this case, no opportunity was afforded to the petitioner before issuing the
impugned notice and therefore, the impugned notice dated 19.02.2026 must
be treated as a show cause notice and if the petitioner gives his explanation
within a period of fifteen days, the same will be considered and appropriate
orders will be passed by the authority concerned.
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6. Taking note of the submissions of the learned counsel for the
petitioner and the learned Additional Government Pleader appearing for the
fourth respondent and also taking into consideration the provisions of the
Tamil Nadu Urban Local Bodies Act, 1998, we are of the view that it will be
suffice to provide an opportunity to the petitioner to show cause as to whether
his construction is within the land comprised in Survey No.833/25 for which
he holds patta or he has encroached upon the Street of the Panchayat, which
is in Survey No.833/22 and after receiving his explanation, the authority
concerned shall proceed further with the matter in accordance with law.
7. Accordingly, the impugned notice dated 19.02.2026, issued by
the fourth respondent, shall be treated as a show cause. The petitioner is
granted 15 days time from today to submit his explanation to the authority
concerned. If the petitioner submits his explanation within the stipulated
period of 15 days from today, the authority concerned shall consider the same
and pass orders on merits and in accordance with law.
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8. We also find that the petitioner has also preferred an appeal
under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, before the
District Collector.
9. In view of the present order we have passed, there shall not be
any order in the appeal proceedings pending before the District Collect, so that
there will not be any parallel proceedings before two different authorities.
10. With the above directions, this writ petition is disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
[G.J., J.] [K.K.R.K., J.]
26.02.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
1.The District Collector,
District Collector Office,
Theni District.
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2.The Revenue Divisional Officer (RDO),
Uthamapalayam,
Theni District.
3.The Tahsildar,
Uthamapalayam,
Theni District.
4.The Executive Officer,
Odapatti Town Panchayat,
Theni District.
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DR.G.JAYACHANDRAN, J.
AND
K.K.RAMAKRISHNAN, J.
krk
and
26.02.2026
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