WP/37362/2025 of SAGUNTHALA Vs THE DISTRICT COLLECTOR

WP No. 37362 of 2025 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-04-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER WP No. 37362 of 2025 Sagunthala W/o Moorthy, D. No 49, Bishop Down, R.K. Puram, Udhagamandalam, The Nilgiris District ..Petitioner(s) Vs 1. The District Collector Collector Office, Udhagamandalam, The Nigliris District 2. The District Forest Officer Udhagamandalam The Nilgiris Distrit 3. The Forest Range Officer South Division, Udhagamandalam The Nilgiris Distrit ..Respondent(s) Forbearing the respondents, their men agents servants or any body claiming through them form interfering with the petitioners peaceful possession and enjoyment of their property, situated at old Survey No F / 307/ A Re-survey No 658 and Town survey No. H / 13/ 34, to an extent of 0.03-1/2 Acres of land together with a building, located at R.K. Puram BishopDown, Udhagamandalam, The Nilgiris District and from obstructing the right of way that leads form Hobart Road to the petitioners property. WP No. 37362 of 2025 For Petitioner(s): Mrs.T.V. Mala https://www.mhc.tn.gov.in/judis WP No. 37362 of 2025 __________ Page2 of 4 For Respondent(s): Mr.R.Neethi Perumal, Government Advocate for R1 to R3 Order (Order of the Court was made by S.M.Subramaniam J.) The relief sought for in the present writ petition is to forebear the respondents, their men, agents, servants or any body, claiming through them from interfering with the petitioners peaceful possession and enjoyment of their property, situated at old Survey No.F / 307/ A Re-survey No. 658 and Town survey No. H / 13/ 34, to an extent of 0.03-1/2 Acres of land together with a building, located at R.K. Puram BishopDown, Udhagamandalam, The Nilgiris District and from obstructing the right of way that leads form Hobart Road to the petitioners property. 2. The relief as such sought for is absolutely misconceived. Such a relief in the nature of injunction cannot be granted in exercise of powers conferred under Article 226 of the Constitution of India. 3. The Forest officials issued eviction notice by invoking the provisions of the Forest Act and the Rules framed thereunder. 4. Instead of submitted explanation in response to the notice, the present writ petition is filed seeking an injunction not to dispossess. Thus, the present writ petition is not entertainable. However, the petitioner is at liberty to submit his explanation along with documents, if any, to the competent authority, in response to the notice issued under the Forest Act and the https://www.mhc.tn.gov.in/judis WP No. 37362 of 2025 __________ Page3 of 4 authorities, on receipt of any such explanation shall consider the same and thereafter, take a final decision and proceed with the eviction process, if any encroachments are identified. 5. With the above observation, the Writ Petition stands dismissed. No costs. (S.M.S.,J.) (K.S.,J.) 28-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VSI To 1. The District Collector Collector Office, Udhagamandalam, The Nigliris District. 2. The District Forest Officer Udhagamandalam The Nilgiris Distrit 3. The Forest Range Officer South Division, Udhagamandalam The Nilgiris Distrit https://www.mhc.tn.gov.in/judis WP No. 37362 of 2025 __________ Page4 of 4 S.M.SUBRAMANIAM J. AND K.SURENDER J. VSI WP No. 37362 of 2025 28-04-2026 https://www.mhc.tn.gov.in/judis