Madras High Court

WP(MD)/29593/2026 of Mani Vs The State of Tamil Nadu, Rep on 14 October 2026

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WP(MD) No. 29593 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 14-10-2026

CORAM

THE HON'BLE MR JUSTICE G.R.SWAMINATHAN

AND

THE HON'BLE MRS.JUSTICE M.D.SUMATHI

WP(MD) No. 29593 of 2026

and

W.M.P.(MD)No.22491 & 22494 of 2026

CNR:{HCMD011464772026}

Mani

S/o.Ganapathy,

Door No.5,

Pudhu Colony,

Mela Kooniyur,

Tirunelveli – 627 417.

..Petitioner(s)

Vs.

1. The State of Tamil Nadu,

Rep by its the District Collector,

Tirunelveli District,

Tirunelveli.

2. The Sub-Collector /

Revenue Divisional Officer,

Cheranmahadevi Division,

Tirunelveli District.

3. The Tahsildar,

Tirunelveli District.

4. Sudha

D/o.Sanniyasi,

No.5/54, Amman Kovil Street,

Kuniyoor Village and Post,

Cheranmahadevi Taluk,

Tirunelveli District.

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WP(MD) No. 29593 of 2026

..Respondent(s)

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the entire records pertaining to the impugned order in COLTNV/6995/2025-G4 dated 30.05.2026

passed by the first respondent and quash the same as illegal and unconstitutional.

For Petitioner(s):

Mr.P.M.Vishnu Varthanan

For Respondent(s):

Mr.M.Kannan,

Special Government Pleader

for R-1 to R-3.

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ORDER

(Order of the Court was made by G.R.Swaminathan J.) Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for the respondents 1 to 3.

2. The writ petitioner had suffered an eviction order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The appeal filed by the petitioner was also dismissed by the District Collector on 30.05.2026. The petitioner apprehends that he may be dispossessed by following the dismissal of his appeal. The learned counsel for the petitioner states that the petitioner will work out his further remedy by filing revision petition under Section 10A of the Tamil Nadu Land Encroachment Act, 1905.

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WP(MD) No. 29593 of 2026

3. We grant liberty to the petitioner to file such revision petition before the revisional authority. If such revision petition is filed within two weeks from the date of receipt of a copy of this order, it shall be entertained without reference to limitation. Thereupon, it shall be disposed of on merits and in accordance with law. The revisional authority shall also consider the petitioner's plea for conducting fresh survey and measurement of the subject land and pass an appropriate order. If the earlier survey was conducted after putting the petitioner on notice, conducting a fresh survey will not arise. The revisional authority shall follow the procedure laid down in the statute and pass an appropriate order. Till then, the petitioner shall not be dispossessed. If the petitioner fails to file such revision petition within two weeks, the benefit of this order will not be available to him. With the aforesaid direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S.,J.) (M.D.S.,J.) 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PMU

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WP(MD) No. 29593 of 2026

To

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Sub-Collector / Revenue Divisional Officer, Cheranmahadevi Division, Tirunelveli District.

3. The Tahsildar, Cheranmahadevi Taluk, Tirunelveli District.

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WP(MD) No. 29593 of 2026

G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. PMU WP(MD) No. 29593 of 2026 14-10-2026

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