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W.P.(MD) No.4126 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2026 CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.(MD) No.4126 of 2026 and W.M.P.(MD) Nos.3437 & 3440 of 2026 Uthayasuriyan
... Petitioner -vs- 1.The District Collector Madurai District 2.The Revenue Divisional Officer Usilampatti Sub-Division Madurai District 3.The Tahsildar Usilampatti Taluk Madurai District 4.The Revenue Inspector Theppathupatti Karumathur firka Usilampatti Taluk Madurai District ... Respondents ____________ p. 2 W.P.(MD) No.4126 of 2026 PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for the entire records relating to the impugned eviction notice under section 6 of Encroachment Act 1905 issued by the 3rd respondent dated 26.12.2025 in respect of Survey No.61/84 to an extend of 0.00.30 Ares situated at Theppathupatti, Eravarpatti Village, Usilampatti Taluk, Madurai District and to quash the same as illegal, arbitrary, without jurisdiction. For Petitioner : Mr.S.Prabhu For Respondents : Mr.S.R.A.Ramachandran Additional Government Pleader O R D E R [Order of the Court was made by DR.G.JAYACHANDRAN, J.] This writ petition is filed by the petitioner challenging the notice, dated 26.12.2025, issued by the third respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, stating that his objection to the Section 7 notice and request for issuance of patta have not been considered before issuing the impugned Section 6 notice. 2. On perusal of the records, we are not inclined to entertain this writ petition, on the ground under which the impugned notice is challenged by ____________ p. 3 W.P.(MD) No.4126 of 2026 the petitioner. If at all the petitioner is aggrieved by the impugned notice, there is an appellate remedy available to him under the Tamil Nadu Land Encroachment Act, 1905, to resort to the appeal remedy. Admittedly, the petitioner is in occupation of a natham land and the authorities concerned have taken steps as per law to evict him from the Government land for his unauthorized occupation. It is open to the petitioner to seek appropriate remedy before the authority concerned in accordance with law, which is contemplated under the Tamil Nadu Land Encroachment Act, 1905. Interference of this Court by exercising the power under Article 226 of the Constitution of India in this matter is unwarranted. 3. With the above observation, this writ petition is dismissed. No costs.
Consequently, connected miscellaneous petitions are closed. [G.J., J.] [K.K.R.K., J.]
13.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No
krk ____________ p. 4 W.P.(MD) No.4126 of 2026 To: 1.The District Collector, Madurai District. 2.The Revenue Divisional Officer, Usilampatti Sub-Division, Madurai District. 3.The Tahsildar, Usilampatti Taluk, Madurai District. 4.The Revenue Inspector, Theppathupatti, Karumathur firka, Usilampatti Taluk, Madurai District. ____________ p. 5 W.P.(MD) No.4126 of 2026 DR.G.JAYACHANDRAN, J. AND K.K.RAMAKRISHNAN, J. krk W.P.(MD) No.4126 of 2026 and W.M.P.(MD) Nos.3437 & 3440 of 2026 13.02.2026 ____________