WP(MD)/29984/2026 of K.A.R.Veerakumar Vs The District Collector on 15 October 2026

ORDER

(Order of the Court was made by G.R.Swaminathan J.) Heard both sides.

2. The writ petitioner apprehends dispossession at the hands of the respondents. According to the petitioner, he is in occupation and possession of S.No.32/2A, Sikkampatti Village.

3. It appears that settlement proceedings were initiated in respect of the subject property and the writ petitioner's great grandfather/Muthu Veerana Thevar was associated with it. But the petitioner is not sure as to what happened to those proceedings. The learned counsel would make a claim that the proceedings are still pending. On the other hand, the __________

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WP(MD) No. 29984 of 2026 learned Additional Government Pleader on instructions would say that settlement patta was issued in favour of the temple. In fact, the “A” register entry in respect of S.No.32/2 stands in the name of Arulmigu Kumaraswamy Kovil. Subsequently, acquisition proceedings were initiated in the year 1984. Then, S.No.32/2 was subdivided into S.Nos.32/2A and 32/2B. S.No.32/2B still stands in the name of the temple. S.No.32/2A alone stands in the name of the Backward Classes department. It appears that a number of pattas had been given in favour of the persons belonging to navithan community.

4. The eviction order was passed under Section 6 of the Act. It was put to challenge before the District Collector, Madurai. The appeal was dismissed on 27.08.2026. Challenging the District Collector's order, the petitioner herein filed W.P.(MD)No.26403 of 2026. The Hon'ble Division Bench disposed of the writ petition on 11.09.2026 in the following terms:-

5. The learned counsel appearing for the petitioner would further submit that the eviction proceedings have been initiated without issuing any notice to the petitioner, though the petitioner's property is situated adjacent to that of Saravanakumar, against whom the eviction order has been passed. Therefore, the petitioner apprehends that his possession would also be disturbed pursuant to the said proceedings. __________

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WP(MD) No. 29984 of 2026

6. On the other hand, the learned Additional Government Pleader appearing for the respondents would submit that no eviction proceedings have been initiated against the petitioner and that the impugned proceedings are confined only to the persons against whom the eviction orders have been passed. Since the petitioner is not a party to the said proceedings, the relief sought for in the present Writ Petition cannot be granted.

7. In view of the above submission, since admittedly no eviction proceedings have been initiated against the petitioner and the impugned proceedings have been passed only against the other persons, the petitioner cannot maintain the present Writ Petition challenging the said proceedings. Accordingly, no further order is required in the present Writ Petition. However, liberty is granted to the petitioner to work out his remedy in the pending civil suit in O.S.No.32 of 2017 on the file of the District Munsif Court, Usilampatti, if so advised. It is made clear that the observations made herein are only for the purpose of disposal of the present Writ Petition and shall not prejudice the rights and contentions of the parties in the pending civil suit.”

5. It is seen that the petitioner has already instituted O.S.No.32 of 2017 before the District Munsif Court, Usilampatti. The District Collector, Madurai and the Tahsildar, Usilampatti are the defendants. The said suit is pending for more than nine years. It appears that some of the plaintiffs have passed away and LR petitions are pending. Once the legal heirs are brought on record, the Court below shall dispose of the suit within a period of eight months thereafter. The rights of the parties will __________

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WP(MD) No. 29984 of 2026 abide by the outcome of the suit.

6. The learned counsel for the petitioner asserts that the petitioner is very much in occupation of S.No.32/2A and that evicting him will be a breach of what was submitted before the Hon'ble Division bench which disposed of W.P.(MD)No.26403 of 2026. In that event, the remedy open to the petitioner is to file a contempt petition against the officials.

7. With the aforesaid liberty and direction to the Court below, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S.,J.) (M.D.S.,J.) 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No IAS __________

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WP(MD) No. 29984 of 2026 To

1. The District Collector, Collectorate, Madurai.Madurai

2. Sub Collector, Usilampatti Madurai District.

3. Thasildar, Usilampattitaluk Madurai District.

4. The Taluk surveyor Usilampatti Taluk, Madurai District. __________

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WP(MD) No. 29984 of 2026 __________

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WP(MD) No. 29984 of 2026 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. IAS WP(MD) No. 29984 of 2026 15-10-2026 __________

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