Madras High Court
WP(MD)/26752/2026 of Narayanan PL Vs The District Collector on 5 October 2026
WP(MD) No. 26752 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05-10-2026
CORAM
THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY
WP(MD) No. 26752 of 2026
and
W.M.P.(MD) Nos.20229 & 20230 of 2026
CNR:{HCMD011204392026}
P.L.Narayanan
..Petitioner(s)
Vs
1. The District Collector
Office of the District Collector,
Madurai District.
2. The Tahsildar
Madurai North Taluk Office,
Madurai,
Madurai District.
3. S.R.Harish Manikandan
..Respondent(s)
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 issued by the first respondent vide Na.Ka.
No.e-4638076/2026/D4 dated 08.07.2026 and quash the same as illegal and unconstitutional.
For Petitioner(s):
Mr.S.Sumesh
For R1 & R2 :
For R3 :
Mr.S.Iniyan Karthik
Government Advocate
Mr.N.Gurusamy
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WP(MD) No. 26752 of 2026
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ORDER
The petitioner had availed a loan from the third respondent. In relation thereto, it appears that O.S.No.307 of 2020 before the IV Additional District Court, Madurai and proceedings under Section 138 of the Negotiable Instruments Act, 1881 before the Judicial Magistrate No.II, Madurai, in S.T.C.Nos.327 and 328 of 2021 are pending. Pursuant to an order dated 24.04.2024 directing the deposit of 20% of the loan amount as interim compensation, impugned order dated 08.07.2026 was issued by the first respondent under the Revenue Recovery Act, 1864.
2. Learned counsel for the petitioner submits that the petitioner's property was attached pursuant to civil proceedings and that further proceedings to attach and sell the property have been initiated under the impugned order. He seeks interim protection so as to enable the filing of criminal revision proceedings against the order dated 24.04.2024 in Crl.M.P.Nos.1178 and 1171 of 2023.
3. Opposing this request, learned counsel for the third respondent submits that the petitioner has challenged the secondary order without challenging the primary order dated 24.04.2024. Learned counsel for the third respondent adds that the writ petitioner has suppressed material facts, including the filing of a petition by the third respondent pursuant to which the impugned order was
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WP(MD) No. 26752 of 2026
issued.
4. The petitioner has included in the paper book the order dated 24.04.2026 in Crl.M.P.No.1171 of 2023. The said order directs the petitioner to pay 20% of the cheque amount to the complainant within a period of sixty (60) days. In the event of default, it was recorded that the interim compensation would be recovered as if it were a fine imposed under Section 421 of the Cr.P.C. It appears that a petition under Section 421 of the Cr.P.C. was filed pursuant thereto and the impugned order was issued on that basis.
5. In these circumstances, the impugned order cannot be interfered with in these proceedings. By leaving it open to the petitioner to seek an appropriate remedy in accordance with law against the order dated 24.04.2024, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 05-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No apd
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WP(MD) No. 26752 of 2026
To
1. The District Collector Office of the District Collector, Madurai District.
2. The Tahsildar Madurai North Taluk Office, Madurai, Madurai District.
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WP(MD) No. 26752 of 2026
SENTHILKUMAR RAMAMOORTHY, J. apd WP(MD) No. 26752 of 2026 05-10-2026
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