Gunasekar V v. The Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and W.M.P.(MD) No.29308 of 2025 1.V.Gunasekar 2.V.Palaniappan 3.P.Amirthalingam 4.C.Vellai 5.V.Velladurai 6.P.Vellaiyan @ Vellai ... Petitioners -vs1.The Tahsildar Marungapuri Taluk Marungapuri Trichy District 2.The Revenue Inspector Marungapuri Part Manapparai Taluk Trichy District ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari calling for the records relating to the common impugned notice issued by the second respondent dated 10.10.2025 served on the petitioners on 13.12.2025 under Section - 7 of the Tamil Nadu Land Encroachment Act, 1905 (Madras Act-III of the 1905) and quash the same. For Petitioners :

Mr.B.Prahalad Ravi For Respondents :

Mr.P.Subbaraj Special Government Pleader

O R D E R

[Order of the Court was made by P.VELMURUGAN, J.] This writ petition has been filed challenging the notice, dated 10.10.2025, issued by the second respondent, under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (in short, "the Act"), calling upon the petitioners to show cause, as to why the encroachments made by them in the subject land shall not be removed, on or before 27.12.2025.

2. At the outset, it is to be noted that the impugned notice is only a show cause notice, thereby, the petitioners have been asked to submit their explanation as to why the encroachments made by them in the subject land should not be removed. However, without giving any reply to the said notice,

challenging the said notice, the petitioners have filed the present writ petition. Further, it is to be noted that after the petitioners submitting their explanation, the respondents will consider the same and if the respondents are not satisfied with the explanation submitted by the petitioner, they will pass orders under Section 6 of the Act and if the petitioners are aggrieved by the said order, the petitioners are having appeal remedy under Section 10 of the Act. Therefore, at this stage, the petitioners are not entitled to file a writ petition challenging the impugned notice issued under Section 7 of the Act. The petitioners are at liberty to work out their remedy in the manner known to law.

3. With the above observations, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. [P.V., J.] [M.J.R., J.] 26.12.2025 (2/2) NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The Tahsildar, Marungapuri Taluk, Marungapuri, Trichy District.

2.The Revenue Inspector, Marungapuri Part, Manapparai Taluk, Trichy District.

P.VELMURUGAN, J.

AND M.JOTHIRAMAN, J.

krk and W.M.P.(MD) No.29308 of 2025 26.12.2025 (2/2)