W.P(MD)No.2323 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2026 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.(MD)No.2323 of 2023 and W.M.P.(MD)No.2093 of 2023 and W.M.P.(MD)No.514 of 2024 Irulayee ... Petitioner Vs. 1.The District Collector, O/o. District Collector, Madurai District. 2.The Revenue Divisional Officer, O/o. The Revenue Divisional Office, Usilampatti, Madurai District. 3.The Tahsildar, Peraiyur Taluk, Madurai District. 4.The Revenue Inspector, Peraiyur Firka, Peraiyur Taluk, Madurai District. ... Respondents 1/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.2323 of 2023 Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned notice of the 3rd respondent dated 25.01.2023 under section 6 of the Tamilnadu Land Encroachment Act, 1905, and quash the same as unconstitutional and consequently to direct the respondents to consider petitioners representation dated 31.10.2022 for granting a patta in respect of land in old survey No.225/1, new survey No.296/1 to an extant of about two cents (about 56 Sq mt) Mathakkarai village, in Guruvappanayakkanpatti, Peraiyur taluk, Madurai District, within the time stipulated by this Court. For Petitioner : Mr.D.Balamurugapandi For Respondents : Mr.M.S.Parthiban, Government Advocate. ORDER (Order of the Court was delivered by G.R.Swaminathan, J.) Heard both sides. 2.The writ petitioner challenges the order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The learned counsel for the petitioner would contend that since the land in question has been classified as “Natham”, the authority does not have any jurisdiction in the matter. 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.2323 of 2023 3.This is a question of fact and that has to be gone into by the appellate authority. We grant liberty to the petitioner to file an appeal before the appellate authority under Section 10 of the Act. If such an appeal is filed within a period of four weeks from the date of receipt of a copy of this order, the same shall be entertained without reference to limitation. The learned counsel for the petitioner states that such an appeal will be filed within the aforesaid time limit. If such an appeal is filed, the order impugned in this writ petition shall not be enforced till the disposal of the appeal. If the petitioner fails to file appeal, the benefit of this order would stand recalled automatically. 4.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S. J.,) & (K.K.R.K. J.,) 14.07.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.2323 of 2023 To: 1.The District Collector, O/o. District Collector, Madurai District. 2.The Revenue Divisional Officer, O/o. The Revenue Divisional Office, Usilampatti, Madurai District. 3.The Tahsildar, Peraiyur Taluk, Madurai District. 4.The Revenue Inspector, Peraiyur Firka, Peraiyur Taluk, Madurai District. 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.2323 of 2023 5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.2323 of 2023 G.R.SWAMINATHAN, J. and K.K.RAMAKRISHNAN, J. ias W.P.(MD)No.2323 of 2023 14.07.2026 6/6 https://www.mhc.tn.gov.in/judis