W.P(MD)No.17982 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 25.06.2026 CORAM THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P(MD)No.17982 of 2026 and WMP(MD)Nos.13305 to 13307 of 2026 P.Malaisamy ... Petitioner Vs. 1. The District Collector, Madurai District. 2. The Tahsildar, Usilampatti Taluk, Madurai District. 3. The Block Development Officer, (Village Panchayat) Chellampatti Panchayat Union, Madurai District. 4. The Sub Inspector of Police, Vikramangalam Police Station, Madurai District. ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for records relating to the impugned order dated 17/06/2026 in Na. Ka. No. Aa1 / 075 / 2025 passed by the second respondent and quash the same and consequentially, enjoining the respondents from interfering with the peaceful 1/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.17982 of 2026 possession and enjoyment of the petitioner over the subject property in Survey No.61 / 84, Theppathupatti Village, Usilampatti Taluk, Madurai District, except through due process of law. For Petitioner : Mr.J.Barathan For R1 to R3 : Mr.M.S.Parthiban, Counsel for State For R4 : Mr.I.Murugesan Government Advocate (Crl.Side) ORDER (Order of the Court was made by N.SATHISH KUMAR, J.) Challenging the order dated 17.06.2026 for removal of encroachment, this writ petition is filed. 2. According to the learned counsel for the petitioner, earlier the authorities issued notice under Section 6 of the Tamilnadu Land Encroachment Act 1905, for removal of encroachment and the same was challenged by the petitioner in W.P(MD)No.262 of 2026. This Court by order dated 07.01.2026 quashed the said notice and directed the authorities to consider the representation of the petitioner. Despite the same, straightaway the impugned order has been passed for eviction. The impugned order does not indicate any order passed under Section 7 or 6, whereas, it is just a letter of the Tahsildar directing removal of encroachment. According to the petitioner, he is in occupation of the natham land and the impugned order also indicates that it is only natham-vacant place. In such case, the authorities ought to have considered 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.17982 of 2026 the matter afresh before taking any action. Further, admittedly, there is no proceedings whatsoever was issued before issuing the impugned order. Though earlier eviction proceedings were quashed in the earlier writ petition, without proper application of mind and without following due process of law, the present impugned order has been passed. Thus, the impugned order cannot survive any further. It is to be noted that admittedly the subject land is a natham land. Once the land in question is found to be classified as natham, then the authorities cannot invoke the provisions of Tamilnadu Land Encroachment Act 1905 as held by the Full Bench of this Court in Kaman @ Kamatchi (Died), Nallasivam vs. The District Collector, Dindigul and others reported in 2026-1- Writ Law Reporter 321. 3. Hence, the the impugned order dated 17/06/2026 in Na. Ka. No. Aa1 / 075 / 2025 passed by the 2nd respondent is quashed and the Writ Petition is accordingly disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [N.S.K., J.] & [M.J.R., J.] Index : Yes / No 25.06.2026 Neutral Citation : Yes / No bala 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.17982 of 2026 To 1. The District Collector, Madurai District. 2. The Tahsildar, Usilampatti Taluk, Madurai District. 3. The Block Development Officer, (Village Panchayat) Chellampatti Panchayat Union, Madurai District. 4. The Sub Inspector of Police, Vikramangalam Police Station, Madurai District. 4/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.17982 of 2026 N.SATHISH KUMAR , J. AND M.JOTHIRAMAN, J. bala ORDER MADE IN W.P(MD)No.17982 of 2026 DATED : 25.06.2026 5/5 https://www.mhc.tn.gov.in/judis