Sagunthala v. The District Collector

Order (Order of the Court was made by S.M.Subramaniam J.) The relief sought for in the present writ petition is to forebear the respondents, their men, agents, servants or any body, claiming through them from interfering with the petitioners peaceful possession and enjoyment of their property, situated at old Survey No.F / 307/ A Re-survey No. 658 and Town survey No. H / 13/ 34, to an extent of 0.03-1/2 Acres of land together with a building, located at R.K. Puram BishopDown, Udhagamandalam, The Nilgiris District and from obstructing the right of way that leads form Hobart Road to the petitioners property.

¶2The relief as such sought for is absolutely misconceived. Such a relief in the nature of injunction cannot be granted in exercise of powers conferred under Article 226 of the Constitution of India.

¶3The Forest officials issued eviction notice by invoking the provisions of the Forest Act and the Rules framed thereunder.

¶4Instead of submitted explanation in response to the notice, the present writ petition is filed seeking an injunction not to dispossess. Thus, the present writ petition is not entertainable. However, the petitioner is at liberty to submit his explanation along with documents, if any, to the competent authority, in response to the notice issued under the Forest Act and the Page3 of 4 authorities, on receipt of any such explanation shall consider the same and thereafter, take a final decision and proceed with the eviction process, if any encroachments are identified.

¶5With the above observation, the Writ Petition stands dismissed. No costs. (S.M.S.,J.) (K.S.,J.) 28-04-2026 Index: Yes/No Speaking/Non-speaking order VSI To

¶1The District Collector Collector Office, Udhagamandalam, The Nigliris District.

¶2The District Forest Officer Udhagamandalam The Nilgiris Distrit

¶3The Forest Range Officer South Division, Udhagamandalam The Nilgiris Distrit WPoNo.o37362oofo2025 S.M.SUBRAMANIAMeJ. AND K.SURENDEReJ. VSI WPeNo.e37362eofe2025 28-04-2026 Page4oofo4

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-04-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER Sagunthala W/o Moorthy, D. No 49, Bishop Down, R.K. Puram, Udhagamandalam, The Nilgiris District ..Petitioner(s) Vs 1. The District Collector Collector Office, Udhagamandalam, The Nigliris District 2. The District Forest Officer Udhagamandalam The Nilgiris Distrit 3. The Forest Range Officer South Division, Udhagamandalam The Nilgiris Distrit ..Respondent(s) Forbearing the respondents, their men agents servants or any body claiming through them form interfering with the petitioners peaceful possession and enjoyment of their property, situated at old Survey No F / 307/ A Re-survey No 658 and Town survey No. H / 13/ 34, to an extent of 0.03-1/2 Acres of land together with a building, located at R.K. Puram BishopDown, Udhagamandalam, The Nilgiris District and from obstructing the right of way that leads form Hobart Road to the petitioners property. For Petitioner(s): Mrs.T.V. Mala Page2 of 4 For Respondent(s): Mr.R.Neethi Perumal, Government Advocate for R1 to R3