Madras High Court
WP(MD)/26265/2026 of Mariappan Vs The District Collector on 1 October 2026
WP(MD) No. 26265 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01-10-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI
AND
THE HON'BLE MR.JUSTICE N.DILIP KUMAR
WP(MD) No. 26265 of 2026
and W.M.P(MD)No.19764 of 2026
CNR:{HCMD011295312026}
Mariappan
S/o.Ganapathy Thevar,
No.65, Moolakoil Street,
Cheranmahadevi,
Tirunelveli District.
..Petitioner(s)
Vs
1. The District Collector,
Office of the District Collector,
Tirunelveli,
Tirunelveli District.
2. The Tahsildar,
Office of the Tahsildar,
Cheranmahadevi Taluk, Tirunelveli District.
..Respondent(s)
Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus to call for the records connected with impugned order in Na.Ka.No. A8/3092/2026 dated 31.08.2026 on the file of the Respondent No.2 and quash the same as illegal and consequently to direct the Respondents to provide patta to the Petitioner in Survey No. 1592/16 Cheranmahadevi, Cheranmahadevi Taluk, Tirunelveli District in accordance with law within the time stipulated by this Honble Court and pass such further or other order as this Honble Court may deem fit and proper in the circumstances of the case and thus render Justice.
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WP(MD) No. 26265 of 2026
For Petitioner(s):
Mr.R. Rajeshkumar
For Respondent(s):
Mr.M.Mahaboob Athiff (R1 & R2)
Special Government Pleader
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ORDER
(Order of the Court was made by M.Dhandapani J.) This Writ Petition has been filed seeking to quash the impugned order dated 31.08.2026 on the file of the Respondent No.2 and consequently to direct the Respondents to provide patta to the Petitioner in Survey No. 1592/16 Cheranmahadevi, Cheranmahadevi Taluk, Tirunelveli District in accordance with law.
2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
3. The learned counsel appearing for the petitioner would submit that the petitioner is in occupation of the petition-mentioned property. The said land is classified as Grama Natham. While so, the second respondent issued the show cause notice to the petitioner under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (in short hereinafter referred to as 'the Act, 1905') and without jurisdiction, the second respondent issued the impugned eviction notice under Section 6 of the Act, 1905. Challenging the same, the petitioner has filed the present
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WP(MD) No. 26265 of 2026
Writ Petition.
4. The learned counsel appearing for the petitioner would further submit that the issue involved in the present Writ Petition is no longer res integra and has already been considered by the Full Bench of this Court in Kaman @ Kamatchi v. The District Collector, Dindigul District, reported in 2026 (2) CTC 257, wherein the Full Bench has held that the revenue authorities have no power to initiate eviction proceedings in respect of land classified as Natham. Therefore, according to the learned counsel, the revenue authorities have no jurisdiction to order the eviction of the petitioner from the Natham land and, if at all any person is aggrieved, his remedy lies only before the competent Civil Court.
5. The learned Special Government Pleader appearing for the respondents would submit that the petitioner is admittedly in occupation of the Grama Natham vacant land. He would further fairly submit that, insofar as the alleged illegal encroachment in Grama Natham land is concerned, the revenue authorities have no jurisdiction to initiate eviction proceedings.
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WP(MD) No. 26265 of 2026
6. In view of the categorical submission made by the learned Special Government Pleader appearing for the respondents and taking note of the law laid down by the Full Bench of this Court in Kaman @ Kamatchi (cited supra), this Court is of the view that the impugned eviction proceedings directing the eviction of the petitioner cannot be sustained.
7. Accordingly, the impugned eviction notice issued by the second respondent dated 31.08.2026 is set aside. However, it is open to the aggrieved parties to work out their remedy before the competent Civil Court, in accordance with law.
8. In the result, this Writ Petition stands allowed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. (M.D.I.,J.) (N.D.K.,J.) 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PS
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WP(MD) No. 26265 of 2026
To
1. The District Collector, Office of the District Collector, Tirunelveli, Tirunelveli District.
2. The Tahsildar, Office of the Tahsildar, Cheranmahadevi Taluk, Tirunelveli District.
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WP(MD) No. 26265 of 2026
M.DHANDAPANI, J. AND N.DILIP KUMAR, J. PS WP(MD) No. 26265 of 2026 01-10-2026
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