W.P(MD)No.18880 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2025 CORAM: THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.18880 of 2025 and W.M.P.(MD)No.14489 of 2025 Sangili ... Petitioner Vs 1. The District Collector, Madurai District, Madurai. 2. The Superintendent of Police, Madurai District, Madurai. 3. The Revenue Divisional Officer, Usilampatti Division, Madurai District. 4. The Tahsildar,, Peraiyur Taluk, Madurai District. 5. The Inspector of Police,, T.Kallupatti Police Station, Madurai District. 6. Jeyaraman ... Respondents 1/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.18880 of 2025 PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned proceedings issued by the fourth respondent in Na.Ka.No.3665/2025/C1 dated 01.07.2025 and quash the same and consequently direct the respondents 3 to 6 not to interfere with the peaceful possession and enjoyment of the petitioner and his family in their subject patta land in S.No.68/10A in V.Ammapatti Village, Peraiyur Taluk, Madurai District, to the extent of 0.9.00 Hec(22 cents) by fencing the same. For Petitioner : Mr.R.Gowrishankar For R-1, 3 & 4 : Mr.M.Lingadurai Special Government Pleader For R-2 & 5 : Mrs.M.Aasha Government Advocate (Crl. side) ORDER The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned proceedings dated 01.07.2025 and consequently direct the respondents 3 to 6 not to interfere with the peaceful possession and enjoyment of the petitioner and his family in their subject patta land in S.No.68/10A in V.Ammapatti Village, Peraiyur Taluk, Madurai District, to the extent of 0.9.00 Hec(22 cents). 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.18880 of 2025 2. Through the impugned order, the fourth respondent has stated that the sixth respondent has purchased the property through an unregistered deed from the vendor's vendor. After having recorded the same, the official respondents have directed to remove the fencing put up by the petitioner in his patta land. The official respondents have no power to direct the petitioner to remove the fencing and the parties ought to approach the Civil Court. In fact the respondents have rightly directed the petitioner as well as the sixth respondent to approach the appropriate Civil Court. But the direction to remove the fencing is unnecessary and beyond the jurisdiction of the respondents. 3. In such circumstances, the official respondents ought not to have issued a direction to remove the fencing. Therefore, the portion of the order i.e., “vjph;kDjhuh;fs; mfw;whj gl;rj;jpy; fk;gpNtypia 02.07.2025 khiyf;Fs; mfw;w; mwpf;if nra;AkhW Nj.fy;Ygl;b kz;lyj; Jiz tl;lhl;rpah;> tUtha; Ma;thsh; kw;Wk; tp.mk;khgl;b fpuhk eph;thf mYtyh; MfpNahh; Nfl;Lf;nfhs;sg;gLfpwhh;fs;” is hereby deleted. The parties are directed to approach the Civil Court for establishing their rights. If the parties approach the Civil Court, the Trial Court shall consider the issue uninfluenced by the observations made in this writ petition and in the impugned order. 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.18880 of 2025 4. With the above said directions, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 04.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To: 1. The District Collector, Madurai District, Madurai. 2. The Superintendent of Police, Madurai District, Madurai. 3. The Revenue Divisional Officer, Usilampatti Division, Madurai District. 4. The Tahsildar,, Peraiyur Taluk, Madurai District. 5. The Inspector of Police,, T.Kallupatti Police Station, Madurai District. 4/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.18880 of 2025 S.SRIMATHY , J. jbr ORDER MADE IN W.P(MD)No.18880 of 2025 DATED : 04.08.2025 5/5 https://www.mhc.tn.gov.in/judis