Madras High Court

WP(MD)/29747/2026 of Megaladevi D Vs The District Collector on 15 October 2026

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WP(MD) No. 29747 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 15-10-2026

CORAM

THE HON'BLE MR JUSTICE G.R.SWAMINATHAN

AND

THE HON'BLE MRS.JUSTICE M.D.SUMATHI

WP(MD) No. 29747 of 2026

CNR:{HCMD011466892026}

Megaladevi D

Door No.2/203, Katchathanallur Village

Ilayangudi Taluk

Sivagangai District

..Petitioner

Vs

1. The District Collector

Office Of The Collectorate

Sivagangai District.

2. The Executive Engineer

Public Works Department

Sivagangai Division

Sivagangai District.

3. The Tahsildar

Office Of The Tahsildar

Ilayangudi Taluk

Sivagangai District.

4. Gunasekaran

Katchathanallur Village

Ilayangudi Taluk

Sivagangai District.

5. Kuzhandhai Rani

W/o. Chithirai Sarny

Katchathanallur Village

Ilayangudi Taluk

Sivagangai District.

__________

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WP(MD) No. 29747 of 2026

6. Ariyanachi

Katchathanallur Village

Ilayangudi Taluk

Sivagangai District.

..Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of MANDAMUS, directing the respondents No.1 to 3 to remove the illegal encroachment made by the respondents No.4 to 6 in the common pathway in Survey No.126/9, Katchathanallur Village, Ilayangudi Taluk, Sivagangai District by considering the Petitioners representation dated 08.09.2026, within such time as this Court may stipulate.

For Petitioner:

Mr.K.Yasar Arafath

For Respondents:

Ms.M.R.Priyanka Jothi,

Govt. Advocate for R1 to R3.

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ORDER

(Order of the Court was made by G.R.Swaminathan J.) Heard the learned counsel for the writ petitioner and the learned Government Advocate for the respondents 1 to 3. Issuance of notice to the respondents 4 to 6 is dispensed with.

2. The petitioner is a resident of Katchathanallur Village. According to her, there are encroachments in the petition mentioned survey number. She wants the same to be removed. __________

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WP(MD) No. 29747 of 2026

3. When the matter was taken up for hearing, the learned Government Advocate submitted that notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 has already been issued and there is no response from the encroacher and that the encroachment will be removed on 21.10.2016.

4. We had a look at the papers. Eviction order has already been passed and notice under Section 7 of the Act was issued calling for explanation. The papers placed before us indicate that what was issued was only notice under Section 7 of the Act.

5. It appears that sufficient time was given and no response has been forthcoming from the noticee. We, therefore, direct the third respondent to pass an appropriate order as per law. We refrain from rendering any finding as to whether the private respondents are encroaches or not. One more notice shall be issued to the private respondents before passing final order. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order. If the Tahsildar, Ilayangudi Taluk comes to the conclusion that the property in question is a government land with the __________

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WP(MD) No. 29747 of 2026 meaning of Section 2 of the Act, then obviously, the encroachers will have to be evicted by adhering to due process of law.

6. This writ petition is disposed of accordingly. No costs. (G.R.S.,J.) (M.D.S.,J.) 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No IAS To

1. The District Collector Office Of The Collectorate Sivagangai District.

2. The Executive Engineer Public Works Department Sivagangai Division Sivagangai District.

3. The Tahsildar Office Of The Tahsildar Ilayangudi Taluk Sivagangai District. __________

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WP(MD) No. 29747 of 2026 __________

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WP(MD) No. 29747 of 2026 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. IAS WP(MD) No. 29747 of 2026 15-10-2026 __________

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