Madras High Court
WP(MD)/28795/2026 of Muthusuriyan Vs The Tahsildar on 1 October 2026
WP(MD) No. 28795 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. 28795 of 2026
and W.M.P(MD)Nos.21840 & 21841 of 2026
CNR:{HCMD011431182026}
Muthusuriyan
S/o, Chellaiah,
1/2, Thiruvudaiyarpatti,
Ranasingapuram post,
Thirupattur Taluk,
Sivagangai District.
..Petitioner(s)
Vs
1. The Tahsildar,
Thirupatur Taluk,
Sivagangai District.
2. The Zonal Deputy Tahsildar,
Thirupattur Zone,
Sivagangai District.
3. R. Sasikala,
W/o. Ramesh,
Thiruvudaiyarpatti,
Ranasingapuram post,
Sivagangai District.
..Respondent(s)
Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorari, calling for records relating to the impugned eviction order issued by the 2nd respondent dated 26.09.2026 and quash the same as illegal and pass such further or other orders as this Honble
( Uploaded on: 12/10/2026 12:44:00 pm )
WP(MD) No. 28795 of 2026
Court may deem fit and proper in the circumstances of the case and thus render justice.
For Petitioner(s):
Mr.Shaazim Shagar
For Respondent(s):
Mr.G.Mohan Kumar (R1 & R2)
Additional Government Pleader
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
(Order of the Court was made by M.Dhandapani J.) This Writ Petition has been filed seeking to quash the impugned eviction order issued by the 2nd respondent dated 26.09.2026.
2. Heard the learned counsel appearing for the petitioner and the learned Additional 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 arrived at a conclusion that the said land is classified as Sarkar poramboke Pathai and 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'). Challenging the same, the petitioner has filed the present Writ Petition.
( Uploaded on: 12/10/2026 12:44:00 pm )
WP(MD) No. 28795 of 2026
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 Additional Government Pleader appearing for the official 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.
( Uploaded on: 12/10/2026 12:44:00 pm )
WP(MD) No. 28795 of 2026
6. In view of the categorical submission made by the learned Additional Government Pleader appearing for the official 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 26.09.2026 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 Petitions are closed. (M.D.I.,J.) (N.D.K.,J.) 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PS
( Uploaded on: 12/10/2026 12:44:00 pm )
WP(MD) No. 28795 of 2026
To
1. The Tahsildar, Thirupatur Taluk, Sivagangai District.
2. The Zonal Deputy Tahsildar, Thirupattur Zone, Thirupattur Taluk, Sivagangai District.
( Uploaded on: 12/10/2026 12:44:00 pm )
WP(MD) No. 28795 of 2026
M.DHANDAPANI, J. AND N.DILIP KUMAR, J. PS WP(MD) No. 28795 of 2026 01-10-2026
( Uploaded on: 12/10/2026 12:44:00 pm )