Madras High Court
WP(MD)/29299/2026 of K.Pothumani Vs The District Collector on 8 October 2026
WP(MD) No. 29299 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08-10-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MRS.JUSTICE M.D.SUMATHI
WP(MD) No. 29299 of 2026
CNR:{HCMD011463642026}
AND
WMP(MD) No. 22247 of 2026
CNR:{HCMD011463652026}
WMP(MD) No. 22248 of 2026
CNR:{HCMD011463662026}
K.Pothumani
W/o.Kannan,
Palakkaputhupatti Village,
Thirumangalam Taluk,
Madurai District.
..Petitioner
Vs
1. The District Collector,
Collectorate,
Madurai District.
2. The Tahsildar,
Taluk Office,
Madurai District.
..Respondents
PRAYER: 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 passed by the 2nd respondent in Na.Ka.No.
5472/2023/A4 dated 16.09.2026 and to quash the same as illegal, arbitrary.
WP(MD) No. 29299 of 2026
For Petitioner:
Mr.S.Ramanathan
For Respondents:
Mr.M.Kannan,
Spl. Government Pleader.
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ORDER
(Order of the Court was made by G.R.Swaminathan J.) Heard both sides.
2. The petitioner challenges the order passed under Section 6 of the Land Encroachment Act, 1905. The order was passed on 16.09.2026. It was served on the petitioner on 23.09.2026. The petitioner has the statutory right of first appeal before the District Collector under Section 10 of the Act. Even before the petitioner could avail the said appeal remedy, the impugned order was enforced this morning (ie., 08.10.2026) and the petitioner's house appears to have been partially damaged.
3. The Thasildar, Thirumangalam ought to have borne in mind that if the order is enforced in the meanwhile, the appeal remedy will become infructuous.
4. It is for this reason, we are constrained to intervene. The petitioner has already filed an appeal before the District Collector, Madurai on 07.10.2020.
WP(MD) No. 29299 of 2026 We direct the first respondent to dispose of the petitioner's appeal as expeditiously as possible. In the meanwhile, we permit the petitioner to continue to be in enjoyment of the property as she has been enjoying all these years. The petitioner's rights would abide by the outcome of the order to be passed by the District Collector. The petitioner cannot subsequently come and say that she has a further remedy of revision before the Commissioner of Land Administration or the Government.
5. With the aforesaid relief to the petitioner, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S.,J.) (M.D.S.,J.) 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No IAS Issue order copy on 09.10.2026. To
1. The District Collector, Collectorate, Madurai District.
2. The Tahsildar, Taluk Office,
Madurai District.
WP(MD) No. 29299 of 2026 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. ias WP(MD) No. 29299 of 2026 08-10-2026