Madras High Court
WP(MD)/30053/2026 of P.Thirunavukarasu Vs The District Collector on 16 October 2026
WP(MD) No. 30053 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16-10-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MRS.JUSTICE M.D.SUMATHI
WP(MD) No. 30053 of 2026
CNR:{HCMD011499072026}
AND
P.Thirunavukarasu,
S/o.Packiyam,
East Street
Maranthai Village and Post
Kadaladi Taluk
Ramanathapuram District.
..Petitioner(s)
Vs
1. The District Collector,
Ramanathapuram District.
2. The Sub Collector Cum Revenue Divisional Officer Paramakudi Ramanathapuram-district.
3. The Thasildar
Kadaladi Taluk
Ramanathapuram District.
..Respondent(s)
PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorari, to call for the records pertaining to the impugned order dated 14.08.2026 passed by the respondent no. 3 vide proceedings in Na.Ka.B1/ 1111/4422/2026 and
WP(MD) No. 30053 of 2026
quash the same as illegal.
For Petitioner(s):
M/s G.Vishnuram
For Respondent(s):
Mr.S.Shanmugam
Government Advocate (civil side)
for R1 to R3
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ORDER
(Order of the Court was made by G.R.Swaminathan J.) Heard both sides.
2. The memorandum that is under challenge is an interdepartmental communication. The Tahsildar, Kadaladi had addressed the zonal deputy Tahsildar and other officials. Strictly speaking, it is not open to challenge. Be that as it may, since the directive set out therein thus impinge on the petitioner's rights, we hold that the petitioner cannot be dispossessed except in accordance with law. In other words, if the authorities intend to treat the petitioner as an encroacher, they will have to necessarily follow the procedure laid down under the Land Encroachment Act. Notice under Section 7 of the Act has to be issued. The petitioner's objection has to be received. A summary enquiry has to be held and then a final order has to be passed under Section 6 of the Act. The petitioner will thereafter have the revisional remedy also. Therefore, there is no need to interfere at this stage.
WP(MD) No. 30053 of 2026
3. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.
(G.R.S.,J.) (M.D.S.,J.) 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rmi To
1. The District Collector, Ramanathapuram District.
2. The Sub Collector Cum Revenue Divisional Officer Paramakudi Ramanathapuram-district.
3. The Thasildar Kadaladi Taluk Ramanathapuram District.
WP(MD) No. 30053 of 2026 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. rmi WP(MD) No. 30053 of 2026 AND
16-10-2026