W.P(MD)No.23513 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2025 CORAM: THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P(MD)No.23513 of 2024 and W.M.P.(MD) No.19900 of 2024 V.Sankarammal ... Petitioner Vs. 1.The District Collector, Madurai District. 2.The Revenue Divisional Officer, Usilampatti, Madurai District. 3.The Tahsildar, Usilampatti Taluk, Madurai District. 4.The Revenue Inspector, Uthappanayakanur Firka, Usilampatti Taluk, Madurai District. 5.A.Ramukalai Andikalai ... Respondents [R5 is impleaded vide Court order dated 08.07.2025 in W.M.P.(MD) No.3755 of 2025 in W.P.(MD) No.23513 of 2024] PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, 1/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.23513 of 2024 to call for the records relating to the impugned order vide Notice – 6, dated 16.08.2024 passed by the 3rd Respondent and quash the same as illegal and direct the 3rd Respondent to grant patta in the name of the petitioner considering the representation dated 18.06.2024. For Petitioner : Mr.K.VAsantha Kumar For RR1 to 4 : Mr.J.Ashok Additional Government Pleader For R5 : Mr.J.Jeyakumaran O R D E R [Order of the Court was made by S.M.SUBRAMANIAM, J.] This writ petition has been instituted challenging the notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as “the Act”). 2. The notice under Section 6 of the Act is susceptible to appeal under Section 10 of the Act. Thus, this writ petition is not maintainable. 3. However, the learned counsel for the petitioner would submit that the subject property is a natham land and therefore, initiation of proceedings under the Act is invalid. 2/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.23513 of 2024 4. In respect of natham land, it is regulated under Revenue Standing Order (RSO) 21. Even the assignment can be cancelled by the Revenue Authority, if terms and conditions are violated or the lands are required for public purpose. Therefore, RSO 21 is the guiding principle, which is to be followed by the Revenue Authority while assigning natham land in favour of landless poor people for construction of dwelling houses. Irrespective of these factors, the ground raised in this writ petition cannot be adjudicated before the High Court. 5. Therefore, granting liberty to the petitioner to prefer an appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [S.M.S., J.] [A.D.M.C., J.] 08.07.2025 Index:Yes Internet:Yes/No NCC:Yes/No 3/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.23513 of 2024 abr S.M.SUBRAMANIAM, J. and DR.A.D.MARIA CLETE, J. abr To 1.The District Collector, Madurai District. 2.The Revenue Divisional Officer, Usilampatti, Madurai District. 3.The Tahsildar, Usilampatti Taluk, Madurai District. 4.The Revenue Inspector, Uthappanayakanur Firka, Usilampatti Taluk, Madurai District. W.P(MD)No.23513 of 2024 08.07.2025 4/4 https://www.mhc.tn.gov.in/judis