Madras High Court

WP/35390/2026 of V.SABAPATHY Vs UNION OF INDIA REP. BY THE SECRETARY TO GOVERNMENT on 1 September 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-09-2026

CORAM

THE HON'BLE DR JUSTICE G. JAYACHANDRAN

AND

THE HON'BLE MR.JUSTICE E.MANOHARAN

Writ Petition No. 35390 of 2026

and

W.M.P.No.39387 of 2026

1. V.Sabapathy

2. V.Subramanian

3. V.Ganapathy

4. V.Baskar

..Petitioners

Vs

1. Union of India Rep. by

The Secretary to Government (Public Works)

Chief Secretariat, Goubert Avenue,

Puducherry-605 001.

2. The Chief Engineer,

Public Works Department,

Puducherry-605 001.

3. The Executive Engineer (Irrigation)

Public Works Department,

Puducherry-605 001.

4. The Assistant Engineer

Irrigation Sub-Division-II,

Public Works Department,

Puducherry-605 001.

..Respondents

Prayer: Writ Petition has been filed under Article 226 of Constitution of India, to issue Writ of Certiorari, directing the respondents calling for the records relating to the impugned notice issued by the 4th respondent dated 24.07.2026

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quash the same.

For Petitioners:

Mr.P.Suresh

For Respondents:

Mrs.V.Usha

Additional Government Pleader (Pondy)

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ORDER

(Order of the Court was made by Dr.G.Jayachandran J.) The petitioner herein, being aggrieved by the notice to remove an unauthorized encroachment on Government land bearing Survey No. 207, 2/A, has approached this Court challenging the said notice.

2. The learned counsel appearing for the petitioners submitted that Survey No. 207, 2/A is the patta land of the petitioners, which they acquired through a registered settlement deed. He further submitted that the show-cause notice was issued without considering the revenue records properly.

3. The learned Additional Government Pleader appearing for the Union Territory of Puducherry submitted that the impugned notice is only a show-cause notice why the encroachment should not be removed. She further submitted that the petitioners have every right to submit their objections with relevant documents; however, without submitting such objections, the petitioners filed this writ petition challenging the show-cause notice.

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4. The learned counsel appearing for the petitioners submitted that subsequent to the filing of this writ petition, objections have been presented to the authorities. He further submitted that since the show-cause notice itself was bereft of information and records and not in accordance with the revenue records, the writ petition was filed to quash the same.

5. Without adverting to the merits canvassed before this Court, since authorities have issued a show-cause notice and objections already submitted, we dispose of the writ petition with liberty to the petitioners herein to pursue their remedy before the authorities in accordance with law. Consequently, the connected Miscellaneous Petition is closed. No costs. (Dr.G.J.,J.) (E.M.,J.) 01-09-2026 Index: Yes/No

Speaking/Non-speaking order Neutral Citation: Yes/No rpl/aj To

1. The Secretary to Government (Public Works) Union of India, Chief Secretariat, Goubert Avenue, Puducherry-605 001.

2. The Chief Engineer, Public Works Department, Puducherry-605 001.

3. The Executive Engineer (Irrigation) Public Works Department, Puducherry-605 001.

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4. The Assistant Engineer Irrigation Sub-Division-II, Public Works Department, Puducherry-605 001.

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DR.G.JAYACHANDRAN J. and E.MANOHARAN J. rpl/aj Writ Petition No. 35390 of 2026 and W.M.P.No.39387 of 2026 01-09-2026

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