W.P(MD)No.18539 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02.07.2026 CORAM THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN AND THE HONOURABLE MR. JUSTICE R. SAKTHIVEL W.P(MD)No.18539 of 2026 and W.M.P(MD)No.13708 of 2026 Amala : Petitioner Vs 1.The District Collector, Ramanathapuram District, Ramanathapuram. 2.The Revenue Divisional Officer, Ramanathapuram District, Ramanathapuram. 3.The Tahsildar, Thiruvadanai Taluk Office, Thiruvadanai, Ramanathapuram. : Respondents PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the third respondent by his proceedings in Na.Ka.No.P5/679/2026 dated 23.06.2026 and to quash the same and further direct the respondents to issue a patta in favour of 1/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.18539 of 2026 the petitioner for the house situated in Natham S.No.286/2 at Pudukkadu Village, Thiruvadanai Taluk, Ramanathapuram District. For Petitioner : Mr.K.K.Senthilvelan Senior Counsel for Mr.J.Thomassaransingh For Respondents : Mr.M.Kannan Counsel for State of TN for R1 to R3 ORDER (Order of the Court was made by C.V.Karthikeyan, J.) Mr.M.Kannan, learned Counsel for State of Tamil Nadu takes notice for the respondents 1 to 3. 2. The writ petition has been filed in the nature of a certiorarified mandamus, seeking the records relating to an order of the third respondent, the Tahsildar, Thiruvadanai Taluk at Ramanathapuram in proceedings in Na.Ka.No.P5/679/2026 dated 23.06.2026, to quash the same and consequently direct the respondents to issue a patta in favour of the petitioner for the house situated in Natham S.No.286/2, Pudukkadu Village, Thiruvadanai Taluk, Ramanathapuram District. 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.18539 of 2026 3. It is the common case of the petitioner and the third respondent that the petitioner is residing in a house situated in a portion of Survey No.286/2 at A. Manakudi Village, which is classified as Natham land in the Government revenue records. The petitioner is also running a shop in that place. The learned counsel for the petitioner pointed out that the provision of the Land Encroachment Act, 1905, would not be applicable for occupation of Natham lands. In this connection, he placed reliance on the Judgement of the Full Bench of this Court in W.P.Nos.19720 of 2017 batch cases, in which one of us [C.V.Karthikeyan, J.,] was a member, wherein, it was held that the provisions of the Land Encroachment Act, 1905, cannot be invoked in respect of occupied Government Natham land. 4. In view of the said pronouncement, the impugned order of the third respondent stands quashed. The Writ Petition is allowed. No costs. 5. However, a further representation is made on behalf of the respondents that, if it is found upon a survey being made that the petitioner had encroached upon the public road, then, to the extent of 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.18539 of 2026 such encroachment, necessary steps may be taken in accordance with law. If the petitioner had indeed encroached on to the public road, then to the extent of such encroachment, the respondents may initiate appropriate steps, after putting the petitioner on notice. With respect to the issuance of patta, the petitioner may take appropriate steps in accordance with law before the concerned authorities. Consequently, connected miscellaneous petition is closed. (C.V.K., J) & (R.S.V., J) 02.07.2026 sji NCC : Yes To 1.The District Collector, Ramanathapuram District, Ramanathapuram. 2.The Revenue Divisional Officer, Ramanathapuram District, Ramanathapuram. 3.The Tahsildar, Thiruvadanai Taluk Office, Thiruvadanai, Ramanathapuram. 4/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.18539 of 2026 C.V.KARTHIKEYAN, J. and R.SAKTHIVEL, J. sji ORDER IN W.P(MD)No.18539 of 2026 Date : 02.07.2026 5/5 https://www.mhc.tn.gov.in/judis