Madras High Court
WP(MD)/29472/2026 of Palpandi Vs The District Collector on 13 October 2026
WP(MD) No. 29472 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13-10-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MRS.JUSTICE M.D.SUMATHI
WP(MD) No. 29472 of 2026
CNR:{HCMD011465162026}
AND
WMP(MD) NO. 22417 OF 2026,WMP(MD) NO. 22420 OF 2026
Palpandi
Kenguwarpatti (Post)
Periyakulam (Taluk)
Theni (Dist)
..Petitioner(s)
Vs
1. The District Collector
Dindigul, Dindigul District.
2. The District Forest Officer
O/o. District Forest Officer
Dindigul, Dindigul District.
3. The Forest Range Officer
Devadhanapatti Forest Range
Devadanapatti
Kodaikanal Wildlife Division
Kodaikanal, Dindigul District
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for records pertaining to the impugned order dated 26.09.2026 on the file of the respondent no.3 quash the same as illegal and consequently __________
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WP(MD) No. 29472 of 2026
forbear the respondents 1 to 3 from evicting the petitioner from his building in an extent of 1 cent near Dumdumparai, Dhevathana Patti forest Range, Kodaikanal, Dindigul (Dist).
For Petitioner(s)
: Mr.A.Rajasekaran
For Respondent(s)
: Mr.S.Shanmugam
Government Advocate (Civil Side)
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Order
(Order of the Court was made by G.R.Swaminathan J.) Heard both sides.
2. The petitioner herein had earlier suffered an eviction order on 05.08.2020. Questioning the same, he filed W.P(MD)No.13905 of 2020. The said writ petition was dismissed by the Hon’ble Division Bench on 23.03.2026 in the following terms: “2.It is true that under Section 68-A of the Tamil Nadu Forest Act, 1882, notice has to be given before evicting a person. The petitioner was issued with one such notice way back in the year 1997. Challenging the same, the petitioner filed OS No.242 of 1997 on the file of the District Munsif Court, Kodaikanal, seeking the relief of injunction. The suit was dismissed. Aggrieved by the same, he filed first appeal. It was also dismissed. Challenging the same, the petitioner filed S.A(MD)No.848 of 2014. It was also dismissed for default on 04.02.2026. The learned __________
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WP(MD) No. 29472 of 2026 counsel appearing for the petitioner states that steps have been taken to have the second appeal restored.
3. The petitioner cannot ride two horses. Either he must pursue the civil suit proceedings or file a writ petition. He cannot travel in both. Since vide notice dated 05.08.2020, the petitioner has only been called upon to offer his explanation, we do not find any ground to interfere.”
3. Whileso, the respondents have issued one more eviction notice on 26.09.2026. In fact, this is only a show cause notice. The authorities have probably realized that they could not have straight away issued an eviction order without a show cause notice. It is well settled that the writ Court would be loathe to interfere at the notice stage. Hence, the question of interfering with the impugned show cause notice does not arise at all. Even if any final order is passed by the authorities, it shall not be enforced till 13.11.2026. It is for the petitioner to obtain an appropriate order in the pending second appeal in the mean while.
4. With the aforesaid observation, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S.,J.) (M.D.S.,J.) 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MGA __________
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WP(MD) No. 29472 of 2026 To
1. The District Collector Dindigul Dindigul District.Dindigul
2. The District Forest Officer O/o. District Forest Officer Dindigul Dindigul District.
3. The Forest Range Officer Devadhanapatti Forest Range Devadanapatti Kodaikanal Wildlife Division Kodaikanal Dindigul District __________
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WP(MD) No. 29472 of 2026 G.R.SWAMINATHAN J. AND M.D.SUMATHI J. MGA WP(MD) No. 29472 of 2026 AND WMP(MD) NO. 22417 OF 2026,WMP(MD) NO. 22420 OF 2026 13-10-2026 __________
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WP(MD) No. 29472 of 2026 __________
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