S.Jayabharathi v. The Principal Secretary to Government

ORDER (Order of the Court was made by S.M.Subramaniam J.) Notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'Act'), is under challenge in the present writ petition.

¶2A show cause notice, per se, would not provide a cause for institution of writ proceedings. Petitioner is at liberty to submit his explanation along with the documents, if any, available to defend his case.

¶3Learned Additional Government Pleader would submit that in view of the order of the writ court in W.P. No. 6530 of 2021, enforcement action shall be initiated for removal of encroachments.

¶4That being the procedure contemplated under the Act, petitioner is at liberty to submit his representation to the competent authority, and on receipt of the explanation, if any, the competent authority shall consider the same, Page3 of 4 and thereafter proceed with the enforcement action, if encroachments are identified by following the procedure as contemplated under the Act and Rules. The said exercise shall be completed within a period of 12 weeks from the date of receipt of copy of this order.

¶5Accordingly, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (K.B.,J.) 30-03-2026 Index: Yes/No Speaking/Non-speaking order GD To

¶1The Principal secretary to Government Revenue and Disaster management Department, St. George Fort, Secretariat, Chennai.

¶2The Commissioner Land Administration, Government of Tamil Nadu, chepauk, Ezhilagam, Chennai-600 005.

¶3the District Collector Chennai District, chennai-600 001.

¶4The Tahsildar Mylapore Taluk, Chennai-600 001.

¶5The Tahsildar Velacherry Taluk, Chennai. WPoNo.o11207oofo2023 S.M.SUBRAMANIAM,eJ. AND K.KUMARESHeBABU,eJ. GD WPeNo.e11207eofe2023 30-03-2026 Page4oofo4

2026:MHC:1355 Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-03-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU 1. S.Jayabharathi 2. S.Vijaya ..Petitioner(s) Vs 1. The Principal secretary to Government Revenue and Disaster management Department, St. George Fort, Secretariat, Chennai. 2. The Commissioner Land Administration, Government of Tamil Nadu, chepauk, Ezhilagam, Chennai- 600 005. 3. The District Collector Chennai District, chennai- 600 001. 4. The Tahsildar Mylapore Taluk, Chennai- 600 001. 5. The Tahsildar Velacherry Taluk, Chennai. ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India issuing writ of certiorarified mandamus calling for the records of the 2nd respondent dated 26.12.2022 made in Rc.No.F3/2877970/2022 and the consequential impugned notice of the 5th Respondent dated 09.03.2023 issued under Section 7 of Land Encroachment Act, 1905, and quash the same and consequently direct the 2nd Respondent to Grant Patta to the Petitioner's Page2 of 4 property situate in Old Door No.11, New Door No.60, Venkatesa Agraharam Road, Mylapore, Chennai- 600 004, comprised in S.No. 3342/4, measuring in 892 Sq.ft. For Petitioner(s): Mr.B.Sandeep Harish for Mr.Dhalapathy Vignesh Kumar For Respondent(s): Mr.T.Arun Kumar Additional Government Pleader for R1-5