Madras High Court

WP(MD)/30228/2026 of Thothan Vs The District Collector on 16 October 2026

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WP(MD) No. 30228 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. 30228 of 2026

CNR:{HCMD011513092026}

&

W.M.P.(MD)Nos.23068 & 23069 of 2026

Thothan

No. 8/60, Madhagupatti,

Piranmalai, Singampunari Taluk,

Sivagangai District.

..Petitioner(s)

Vs

1. The District Collector,

Sivagangai,

Sivagangai District.

2. The District Revenue Officer

Sivagangai

Sivagangai District.

3. The Revenue Divisional Officer

Devakottai

Sivagangai District.

4. The Tahsildar

Singampunari Taluk

Sivagangai District.

5. The Zonal Deputy Tahsildar

Singampunari Taluk

Sivagangai District.

..Respondent(s)

WP(MD) No. 30228 of 2026

PRAYER: 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 pertaining to the impugned Section-7 Eviction Order/Notice dated 01.10.2026 issued by the 5th respondent and quash the same as illegal and consequently for direction directing the respondents to provide conditional or lease patta for the agricultural lands in S.No. 169, Kirunga Kottai Group, Singampunari Taluk, Sivagangai District to the petitioner within the time stipulated by this Honble Court and thus render justice.

For Petitioner(s):

M/s K.Dinesh

For Respondent(s):

Ms.M.R.Priyanka Jothi

Government Advocate

for R1 to R4

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ORDER

(Order of the Court was made by G.R.Swaminathan J.) Heard both sides.

2. Though the impugned communication is styled as a notice under Section 7 of the Act, it is actually a peremptory order asking the petitioner to vacate. What can be issued under Section 7 of the Act is a mere show cause notice. The show cause notice cannot assume the character of a peremptory order. It is illegal. The impugned order is quashed. Liberty is given to the respondent to proceed as per law.

WP(MD) No. 30228 of 2026

3. The Writ Petition is allowed. 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, Sivagangai, Sivagangai District.

2. The District Revenue Officer Sivagangai Sivagangai District.

3. The Revenue Divisional Officer Devakottai Sivagangai District.

4. The Tahsildar Singampunari Taluk Sivagangai District.

5. The Zonal Deputy Tahsildar Singampunari Taluk Sivagangai District.

WP(MD) No. 30228 of 2026 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. rmi WP(MD) No. 30228 of 2026 16-10-2026

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