WP(MD). No.7665 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 20/03/2025 CORAM THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY WP(MD). No.7665 of 2025 and WMP(MD) Nos.5818 and 5819 of 2025 Selva Kumari ... Petitioner Vs 1. The Tahsildar, Alangulam Taluk, Tenkasi District.. 2. The Revenue Inspector, Pudupatti Firka, Alangulam Taluk, Tenkasi District.. ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records relating to the impugned order passed by the 1st respondent vide his proceedings in REVALG/275/2025-A2 dated 10.03.2025 and quash the same. For Petitioner : Mr.P.P.Alwin Balan For Respondents : Mr.S.S.Madhavan Additional Government Pleader 1/5 https://www.mhc.tn.gov.in/judis WP(MD). No.7665 of 2025 ORDER (Order of the Court was made by J.NISHA BANU, J.) The writ petition has been filed challenging the impugned order of the 1st respondent dated 10.03.2025, in and by which, it is alleged that the petitioner has put up a tin gate and encroached the Government poramboke land in S.No.870/41. 2. By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself. 3.The property in question is bequeathed to the petitioner's husband by his mother Mankaniammal. The said property is a grama natham and natham patta has also been issued to the petitioner's husband and in the said property, the petitioner has put up a tin gate. While that being so, an order of eviction under Section 6 of the Land Encroachment Act, 1905 was issued to the petitioner, as if the petitioner has encroached the Government land. 2/5 https://www.mhc.tn.gov.in/judis WP(MD). No.7665 of 2025 4. The learned counsel for the petitioner submitted that notice under Section 7 of the Land Encroachment Act was issued to the petitioner on 12.02.2025, for which, the petitioner has given her explanation on 15.02.2025. Not considering the said explanation, now the impugned order of eviction has been passed. Hence, the petitioner is before this Court with this writ petition. 5. We have heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents. 6. As against the order under Section 6 of the Land Encroachment Act, when the petitioner has got an appeal remedy under Section 10 of the said Act to the District Collector, without availing such a remedy, the petitioner has straight away invoked Article 226 of the Constitution of India and filed the present writ petition. Therefore, the petitioner is at liberty to file an appeal under Section 10 of the said Act before the District Collector, Tenkasi District. There is also a provision for stay under Section 10(b) of the Land Encroachment Act. 3/5 https://www.mhc.tn.gov.in/judis WP(MD). No.7665 of 2025 7. The respondents while considering the appeal shall take into account the natham patta issued to the petitioner. 8. With the above observation and direction, the writ petition is disposed of. No costs. Consequently connected Miscellaneous Petitions are closed. [J.N.B.,J] [S.S.Y.,J] 20.03.2025 NCC : Yes/No Index : Yes/No RR To 1. The Tahsildar, Alangulam Taluk, Tenkasi District.. 2. The Revenue Inspector, Pudupatti Firka, Alangulam Taluk, Tenkasi District. 4/5 https://www.mhc.tn.gov.in/judis WP(MD). No.7665 of 2025 J.NISHA BANU, J AND S.SRIMATHY, J. RR ORDER IN WP(MD) No.7665 of 2025 Date : 20/03/2025 5/5 https://www.mhc.tn.gov.in/judis