Madras High Court
WP(MD)/27494/2026 of S.Lingasamy Vs The District Collector on 24 September 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.09.2026
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD) NO. 27494 of 2026
{CNR: HCMD011359862026}
Case QR
&
W.M.P.(MD)Nos.20833 & 20834 of 2026
1.S.Lingasamy
2.P.Marichamy
3.R.Parameshwaran
4.C.Solaiyammal
5.C.Sakthivelu
6.China Muniyandi
7.M.Thangaraj
8.Abdul Kathan
9.Subramani
10.Muthupandi
11.Manraj
12.M.Thangaraj
... Petitioners
Vs.
1.The District Collector,
Virudhunagar
Virudhunagar District.
2.The Revenue Divisional Officer
Sivakasi
Virudhunagar District.
3.The Tahsildar
Sivakasi Taluk
Virudhunagar District.
4.The Village Administrative Officer
Mangalam Village
Sivakasi Taluk
Virudhunagar District.
... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of CERTIORARIFIED MANDAMUS, calling for the records pertaining to the impugned proceedings of the 3rdrespondent in Na.Ka.Aa.1/3-5/2026 dated 15.06.2026 and proceedings of the 2nd respondent in Na.Ka.Aa. 1/3-5/2026
dated 11.09.2026, quash the same as illegal consequently direct the respondents to forbearing from interfering the petitioners peaceful possession of the property in Survey No. 338/2A an extent of 1.46.5 Hec situated at Mangalam Village, M. Pudupatti, Sivakasi Circle, Virdhunagar District.
For Petitioner
:Mr.G.Thiruvarutselvan
For Respondents
: Mrs.W.Pawmelin
Additional Government Pleader
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ORDER
Heard both sides.
2. The petitioner challenges the order passed under Section 6 of the Land Encroachment Act, 1905.
3. We indicated to the petitioner's counsel that if the petitioners have appeal remedy, they ought not to have moved this Court at the first instance.
4. The learned counsel informs the Court that within 7 days from the date of receipt of this order copy, an appeal will be filed before the District Collector, Virudhunagar. If such an appeal is filed, it shall be disposed of by the District Collector, Virudhunagar within a period of eight weeks. Till the appeal is disposed of, the impugned order will not be enforced. This benefit will not be available to the petitioners if they fail to file an appeal as mentioned above. We make it clear that if the authority comes to the conclusion that there are encroachments in the petition mentioned water body, he must ensure that all the encroachments are cleared. The authorities cannot be selective in their approach.
5. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.
[G.R.S., J.] [B.P., J.] 24.09.2026 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To
1. The District Collector, Virudhunagar Virudhunagar District.
2. The Revenue Divisional Officer Sivakasi Virudhunagar District.
3. The Tahsildar Sivakasi Taluk Virudhunagar District.
4. The Village Administrative Officer Mangalam Village Sivakasi Taluk Virudhunagar District.
G.R.SWAMINATHAN, J and B.PUGALENDHI, J. rmi W.P(MD)No.27494 of 2026 24.09.2026