High Court · 2025

W.P.No.34207 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 17.09.2025CORAM :THE HONOURABLE MR.JUSTICE R. SURESH KUMAR ANDTHE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDARW.P.No.34207 of 2025T.Murugesan..PetitionerVs.1. The District Collector Krishnagiri District, Office of the Collectorate Krishnagiri - 635 115.2. The Revenue Divisional Officer Pochampalli Taluk, Collectorate Office Complex Krishnagiri - 635 115.3. The Tahsildar Pochampalli Taluk, Dharmapuri Main Road Pochampalli, Krishnagiri District.4. The Revenue Inspector Barur Main Road, Pochampalli Taluk Krishnagiri District...RespondentPrayer: Petition filed under Article 226 of the Constitution of India, seeking a writ of certiorarified mandamus, calling for the records and to quash all the proceedings leading to the impugned order No.NA.KA.18908/2025/H3 dated 04.08.2025 passed by the first respondent consequent to the notice dated 17.06.2025 issued by the fourth respondent with reference to the alleged appeal filed by the petitioner under Section 10(1) of the Tamil Nadu Encroachment Act, 1905.Page 1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.34207 of 2025For the Petitioner:Mr.K.Bijai SundarFor the Respondents:Ms.M.JayanthyAdditional Government PleaderORDER(Order of the Court was made by R.SURESH KUMAR, J.)The prayer sought in this writ petition is for a writ of certiorarified mandamus, calling for the records and to quash all the proceedings leading to the impugned order No. Na.Ka.18908/2025/H3 dated 04.08.2025 passed by the first respondent, consequent to the notice dated 17.06.2025 issued by the fourth respondent with reference to the alleged appeal filed by the petitioner under Section 10(1) of the Tamil Nadu Land Encroachment Act, 19051.2. The petitioner had been the encroacher at S.No.155A/2 at Chellakuttapatti in Barur Firka in Pochampalli Taluk, Krishnagiri District. Since the land is a Government poromboke land, in order to evict the petitioner, by invoking the provisions of Act 3 of 1905, the Revenue Inspector has issued notice under Section 7 of Act 3 of 1905 on 17.06.2025. As against the said notice issued under Section 7, the petitioner preferred an appeal under Section 10(1) of Act 3 of 1905 to the first respondent District Collector, who 1Hereinafter referred as “Act 3 of 1905”.Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.34207 of 2025dismissed the said appeal by the order dated 04.08.2025, which is impugned herein.3.1. Assailing the said order dated 04.08.2025, Mr.K.Bijai Sundar, the learned counsel for the petitioner would contend that, when a notice is issued under Section 7 of Act 3 of 1905, it must contain only the notice part and to seek show-cause from the occupier of the land, however, when the language used in the said notice dated 17.06.2025 is looked into, it will reveal that, already it has been predetermined by the Revenue Department and accordingly, they directed the petitioner to vacate the land within a period of fifteen days, therefore, it cannot be treated as a show-cause notice. 3.2. When this was questioned before the District Collector by filing an appeal under Section 10(1) of Act 3 of 1905, the District Collector also has not considered the said aspect in proper perspective and he dismissed the appeal filed by the petitioner. Therefore, all these orders are liable to be set aside, hence, he seeks indulgence of this Court.Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.34207 of 20254. Under the scheme of the Act, that is the Act 3 of 1905, if any encroachment is made by anyone in the Government land or Government poromboke land, the provisions of the said Act could be invoked for evicting them, where, an order could be passed by the Revenue Authorities under Section 6 of Act 3 of 1905 for eviction of such encroachers. However, before such an eviction order is passed, an opportunity must be given to the encroachers by giving show-cause notice under Section 7 of Act 3 of 1905. 5. Here, when they issued notice under Section 7 of Act 3 of 1905 to the petitioner, it has been mentioned in the said notice that the petitioner shall vacate within a period of fifteen days from the date of receipt of a copy of the notice and to remove all crops, agricultural produce, constructions, building structures and etc. and if he fails to comply, he will be immediately evicted from the land and the crop produce, constructions, building structures, etc., would be seized. 6. This has been pointed out by the learned counsel appearing for the petitioner that, it cannot be treated as a show-cause notice, as they predetermined the issue and decided to evict the petitioner. Therefore, they have issued the proceedings under Section 7 of Act Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.34207 of 20253 of 1905, as if it is a show-cause notice, but, in order to evict the petitioner, this eviction order has been passed. Therefore, such kind of eviction order cannot be issued under Section 7 of Act 3 of 1905.7. When this has been questioned before the District Collector, he has not considered the same and rejected the appeal filed by the petitioner on the ground that no appeal, under Section 10 of Act 3 of 1905, could be entertained by the District Collector as against the notice issued under Section 7 of Act 3 of 1905. 8. Repeatedly, this Court has held in a number of cases that, whenever such show-cause notice has been issued under Section 7 of Act 3 of 1905, it must contain only the show-cause part alone, which is served upon the occupier or the encroacher of the land in question, where, the period of two weeks is given, within which, if no reply is given or show-cause is made, after having considered the same, final orders could be passed. If there is no reply given by the encroacher or the occupier, even then, the Revenue Authorities could pass the order of eviction under Section 6 of Act 3 of 1905. If any such order is passed under Section 6 of Act 3 of 1905 for eviction, as against such order, if the party is aggrieved, he could prefer an appeal before the District Collector, being the Appellate Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.34207 of 2025Authority under Section 10 of Act 3 of 1905.9. When this being the scheme of the Act, it should be strictly and scrupulously followed by the Revenue Officials while dealing with the provisions of the Act. Therefore, in the present case, since the language used in the notice issued under Section 7 of Act 3 of 1905 mandates that, the petitioner should vacate the premises within fifteen days, it cannot be treated as a show-cause notice. Therefore, he has approached the District Collector by filing an appeal, who also has rejected the same.10. In that view of the matter, we dispose this writ petition with the following orders:(i) That the notice under Section 7 of Act 3 of 1905 dated 17.06.2025, issued by the Revenue Inspector concerned, shall only be treated as a show-cause notice by the petitioner and it is open to him to give his reply or show-cause within a period of fifteen days from the date of receipt of a copy of this order. (ii) On receipt of the same, that is the reply to be given by the petitioner, it is open to the Revenue Tahsildar concerned to pass orders under Section 6 of Act 3 of 1905, either to accept the reply or otherwise and if order under Section 6 is passed, that could be the final order of Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.34207 of 2025eviction to be passed against the petitioner, being the encroacher of the Government poromboke land.(iii) In view of the said directions given by this Court, the order passed by the District Collector, which is impugned herein dated 04.8.2025, shall be kept in abeyance, as that became otiose.11. With these directions, the writ petition is disposed of. However, there shall be no order as to costs. Consequently, W.M.P.No.38354 of 2025 is closed. (R.S.K., J.) (H.C., J)Speaking Order 17.09.2025Neutral Citation:YesInternet:YesIndex:Yes(drm)To:1. The District Collector Krishnagiri District, Office of the Collectorate Krishnagiri - 635 115.2. The Revenue Divisional Officer Pochampalli Taluk, Collectorate Office Complex Krishnagiri - 635 115.3. The Tahsildar Pochampalli Taluk, Dharmapuri Main Road Pochampalli, Krishnagiri District.4. The Revenue Inspector Barur Main Road, Pochampalli Taluk Krishnagiri District.Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.34207 of 2025R. SURESH KUMAR, J.AND HEMANT CHANDANGOUDAR, J.(drm) W.P.No.34207 of 202517.09.2025Page 8 of 8