Rev.Sebastian v. State of Tamil Nadu

ORDER (Order of the Court was made by S.M.Subramaniam J.) Writ Petition has been instituted challenging the show cause notice dated 01.09.2023 issued under Section 131(2) of the TamilNadu Panchayat Act.

¶2The Executive authority is empowered to issue show cause notice under section 131(2) of the TamilNadu Panchayat Act asking the encroachers to remove the encroachments. The encroachers, on receipt of the notice, may Page3 of 5 submit their explanation along with the documents within a period as stipulated in the show cause notice. The representation, if any, submitted is to be considered and thereafter, the Executive authority has to submit a report to the jurisdictional Tahsildar for initiation of action by following the procedures as contemplated under the provisions of Tamilnadu Land Encroachment Act, 1905.

¶3This being the scheme under the Act to be followed for eviction of encroachers, the show cause notice per se would not provide any cause for institution of writ proceedings. Granting liberty to the petitioner to submit their explanation along with documents, if any, within a period of ten days from the date of copy of this order, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(S.M.S.,J.) (K.S.,J.) 11-03-2026 Index: Yes/No Speaking/Non-speaking order VSI To

¶1The Secretary To Government, Rural Development Department, Fort St. George, Chennai-09.

¶2The District Collector Chengalpattu District, Chengalpattu.

¶3The Assistant Director(panchayats) Collectorate, Chengalpattu District, Chengalpattu. Page4 of 5

¶4The Revenue Divisional Officer, Chengalpattu, Chengalpattu District

¶5The Block Developemnt Officer (village Panchayats) Kattankolathur Panchayat Union, Chengalpattu District.

¶6The Tahsildar Vandaloor Taluk, Chengalpattu.

¶7Chairman/executive Officer, Village Panchayats, Urapakkam Panchayat. WPoNo.o26542oofo2023 S.M.SUBRAMANIAMeJ. AND K.SURENDEReJ. VSI WPeNo.e26542eofe2023 AND WMPeNO.e25937eOFe2023 11-03-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-03-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER AND WMP No. 25937 of 2023 Rev.Sebastian Chairman And Presbyter, C.S.I. Christ Church, Annai Anjugam Nagar, Selvaraj Nagar-i, Urapakkam West, Chennai-603 211. ..Petitioner(s) Vs 1. State Of Tamil Nadu Rep. By Its Secretary To Government, Rural Development Department, Fort St. George, Chennai-09. 2. The District Collector Chengalpattu District, Chengalpattu. 3. The Assistant Director(panchayats) Collectorate, Chengalpattu District, Chengalpattu. 4. The Revenue Divisional Officer, Chengalpattu, Chengalpattu District 5. The Block Developemnt Officer (village Panchayats) Kattankolathur Panchayat Union, Chengalpattu District. 6. The Tahsildar Vandaloor Taluk, Chengalpattu. 7. Chairman/executive Officer, Village Panchayats, Urapakkam Panchayat. Page2 of 5 8. Annai Anjugam Nagar Residents-welfare And Cultural Association (regd No.312/1987) Urapakkam West Chengalpattu District-603 211, Rep. By Its Secretary, K.Selvarajan ..Respondent(s) To call for the records of the respondents relating to the impugned notice dated 01.09.2023 and to quash the same as illegal, arbitrary and devoid of merit and consequently to direct the respondents from in any manner disturbing the petitioners peaceful possession and occupation of the land comprised in S.No. 45/3, 46/2, 2A Annai Anjugam Nagar Area Selvaraj Nagar-I and II, Urapakkam Village, Chennai-603 2011 For Petitioner(s): Mr. Mr.Srinivasan, Senior counsel for Mr.Ralph.V.Manohar For Respondent(s): Mr.T.Arun Kumar Addl.G.P. for R1 to R7