Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 46072 (MAD)

Nagalingam, v. The District Collector

WP(MD)/18872/2026 · 2026-07-06

C V Karthikeyan, R Sakthivel

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(MD)No.18872 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2026 CORAM THE HON'BLE MR JUSTICE C.V.KARTHIKEYAN AND THE HON'BLE MR JUSTICE R.SAKTHIVEL W.P.(MD)No.18872 of 2026 and WMP(MD) Nos.13974, 13979 and 13980 of 2026 1. Nagalingam, S/o.Mookaiya, 86/e 1/4, Vishvanathadas Nagar, Kovilpatti, Thoothukudi - 628 502. ... Petitioner(s) in WP(MD). 18872/ 2026 - Vs. - 1. The District Collector, Thoothukudi District, Thoothukudi. 2. The Revenue Divisional Officer, Kovilpatti, Thoothukudi District. 3. The Tahsildar O/o.The Tahsildar, Kovilpatti Taluk, Thoothukudi District. 4. The Block Development Officer Town Panchayats, Kovilpatti, Thoothukudi District. ... Respondent(s) in WP(MD). 18872/ 2026 https://www.mhc.tn.gov.in/judis WP(MD)No.18872 of 2026 Prayer in WP(MD). 18872/ 2026 :Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorari calling for the records pertaining to the impugned order in Na.Ka.A3/3424/2026 dated 15.06.2026 passed by the 3rd Respondent and quash the same as bad in law. For Petitioner : M/s.K.Navaneetharaja For Respondents : Mr.S.I.Muthiah Counsel for State ORDER (Order of the Court was made by C.V.KARTHIKEYAN, J.) The writ petition has been filed in the nature of Certiorari relating to the order dated 15.06.2026 passed by the third respondent/Tahsildar, Kovilpatti Taluk at Tuticorin District under Section 6 of the Land Encroachment Act, 1905. 2. The petitioner is in occupation of S.No.774/12. He had put up his residence. The adjacent land which is S.No.774/14 has been classified in the A Register as Natham Poramboke and used as a street. In that particular land, the petitioner had put up a bore-well. Claiming that therefore it is an https://www.mhc.tn.gov.in/judis WP(MD)No.18872 of 2026 occupied natham land, the petitioner seeks protection under the provisions of the Land Encroachment Act. However, it is admitted that he has patta only to S.No.774/12. 3. The learned counsel stated that the petitioner is agreed to apply for patta for the land in S.No.774/14. 4. The land in S.No.774/14 as stated above is a Government natham poramboke land used as a 'street'. It is under those circumstances, notice had been initially issued under Section 7 of the Land Encroachment Act, subsequently followed by an order under Section 6 of the said Act. Any order passed under Section 6 should be challenged under Section 10 of the said Act. The petitioner can take up the issue that it is an occupied natham land and seek protection of the judicial pronouncement of this court, but that is an issue of fact and the respondents may examine the same and pass appropriate orders. We would grant two weeks time for the petitioner to file an appeal under Section 10 of the said Act, which would expire on 24.07.2026. Let the appeal be disposed of in the manner known to law. https://www.mhc.tn.gov.in/judis WP(MD)No.18872 of 2026 5. With the above observation and direction, the writ petition stands disposed of. No costs. Consequently connected Miscellaneous Petitions are closed. (C.V.K.,J.) (R.S.V,J.) 06.07.2026 Index : Yes/No Internet : Yes/No RR To 1. The District Collector, Thoothukudi District, Thoothukudi. 2. The Revenue Divisional Officer, Kovilpatti, Thoothukudi District. 3. The Tahsildar O/o.The Tahsildar, Kovilpatti Taluk, Thoothukudi District. 4. The Block Development Officer Town Panchayats, Kovilpatti, Thoothukudi District. https://www.mhc.tn.gov.in/judis WP(MD)No.18872 of 2026 C.V.KARTHIKEYAN, J AND R.SAKTHIVEL, J RR W.P.(MD)No.18872 of 2026 06.07.2026 https://www.mhc.tn.gov.in/judis