Madras High Court
WP/38805/2026 of T.SUBRAMANIAN Vs The Secretary on 5 October 2026
WP No. 38805 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-10-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP No. 38805 of 2026
CNR:{HCMA012280682026}
AND
WMP NO. 43537 OF 2026
T.Subramanian
S/o S.C. Thangavel,
No 9 Periyannan Street,
Karattur, Ariyappampalayam Village,
Sathyamangalam Taluk, Erode District 638 402
..Petitioner
Vs
1. The Secretary
Government of Tamil Nadu
Revenue and Disaster Management,
Secretariat, Fort St. Geroge,
Chennai 600 009.
2. The District Collector
Erode District, Erode
3. The Tahsildar
Sathyamangalm Taluk office,
Sathiyamangalam,
4. The Head Surveyor
Sathyamangalam taluk office,
Sathiyamangalam
Erode District 638 402.
WP No. 38805 of 2026
5. The Revenue Inspector
Kadampur
Sathyamangalam taluk,
Erode District 638 503
6. The Village administrative officer
Guthiyalathru Village,
Sathyamangalam Taluk,
Erode District 638 503
..Respondents
Prayer : Writ of Mandamus under Article 226 of the Constitution of India praying for a Writ of Prohibition for prohibiting the respondents from in any manner evicting the petitioner form or interfering with the petitioners peaceful possession and enjoyment of the lands comprised in Survey No 2234/1 to an extent of 1.04.0 hectare and 2233/ 3 to an extent of 0.06.0 ares and 2234/ 3 to an extent of 0.08.0 Ares and 2234/4 - 0.010 res situated at Guthiyalathur Village,Sathyamanagalam Taluk, Erode District, pending disposal of the statutory revision dated 02.09.2026 filed before the 1st Respondent under section 10A of the Tamil nadu land Encroachment Act 1905.
For Petitioner :
Mr.K.Krishnan
For Respondent(s):
Mr.K.Surender
Special Government Pleader
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Order
(Order of the Court was made by S.M.Subramaniam J.) Writ of Mandamus has been instituted to grant an order prohibiting the respondents from in any manner evicting the petitioner form or interfering with the petitioners peaceful possession and enjoyment of the lands comprised in
WP No. 38805 of 2026
Survey No 2234/1 to an extent of 1.04.0 hectare and 2233/ 3 to an extent of 0.06.0 ares and 2234/ 3 to an extent of 0.08.0 Ares and 2234/4 - 0.010 res situated at Guthiyalathur Village,Sathyamanagalam Taluk, Erode District, pending disposal of the statutory revision dated 02.09.2026 filed before the 1st Respondent under section 10A of the Tamil nadu land Encroachment Act 1905.
2. The relief sought for in the nature of a civil suit claiming civil rights is not entertainable under Article 226 of the Constitution of India. Admittedly, the writ petitioner has already instituted a civil suit in O.S.No.111 of 2026 on the file of the District Munsif Court at Sathiamangalam, Erode District.
3. Learned counsel for the petitioner would submit that the petitioner is claiming title. If so, the relief sought for in the present writ petition not to evict him from the subject property is not maintainable and if at all the petitioner claims any title or ownership, he has to establish the same in the manner known to law through a competent civil court.
4. The practice of converting civil litigations as writ petitions, at no circumstances, be encouraged by the High Courts. Civil rights are to be established in a trial nature proceedings through documents in original and
WP No. 38805 of 2026
evidences available. Roving enquiry cannot be conducted by the High Court in a writ proceedings. Adjudication of civil rights require elaborate consideration and therefore the arms of the powers of judicial review of the High Court under Article 226 of the Constitution of India cannot be extended to consider the relief relating to declaration of civil rights.
5. Granting liberty to the petitioner to pursue his remedy before the competent civil Court of law, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (R.R.V.,J.) 05-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST
WP No. 38805 of 2026
To
1. The Secretary Government of Tamil Nadu Revenue and Disaster Management, Secretariat, Fort St. George, Chennai 600 009.
2. The District Collector Erode District, Erode
3. The Tahsildar Sathyamangalam Taluk office, Sathiyamangalam, Erode District 638 402
4. The Head Surveyor Sathyamangalam taluk office, Sathiyamangalam Erode District 638 402
5. The Revenue Inspector Kadampur Sathyamangalam taluk, Erode District 638 503
6. The Village administrative officer Guthiyalathru Village, Sathyamangalam Taluk, Erode District 638 503
WP No. 38805 of 2026
S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. KST WP No. 38805 of 2026 AND WMP NO. 43537 OF 2026 05-10-2026