Madras High Court
WP(MD)/25640/2025 of Durai Vs The District Collector on 6 October 2026
WP(MD) No. 25640 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06-10-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MRS.JUSTICE M.D.SUMATHI
WP(MD) No. 25640 of 2025
and
W.M.P.(MD)No.20068 of 2025
CNR:{HCMD011240752025}
Durai
S/o.Kottaisamy,
Door No.4/3239,
Mottaian Panai,
Chinnapalam, Pamban,
Ramanathapuram-623521.
..Petitioner(s)
Vs
1. The District Collector
Ramanathapuram.
2. The Revenue Divisional Officer,
Ramanathapuram.
3. The Tahsildar,
Rameswaram,
Ramanathapuram District.
4. The Block Development Officer,
Mandapam Panchayat Union,
Utchipuli,
Ramanathapuram District.
5. The Commissioner
Mandapam Panchayat Union,
Utchipuli,
Ramanathapuram District.
WP(MD) No. 25640 of 2025
6. The President
Village Panchayat,
Pamban
Ramanathapuram District.
..Respondent(s)
Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of CERTIORARI, calling for the records relating to the impugned order dated 23.07.2025 in Na.Ka.A8/489/2025 passed by the second respondent and quash the same.
For Petitioner(s):
Mr.R.Raja
For Respondent(s):
Mr.M.Kannan,
Special Government Pleader
for R-1 to R-3.
Mr.S.P.Maharajan
for R-4.
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ORDER
(Order of the Court was made by G.R.Swaminathan J.) Heard both sides.
2. By the impugned order dated 23.07.2025, the Revenue Divisional Officer, Ramanathapuram has directed the Tahsildar, Rameshwaram to take action for removing the petition mentioned encroachments. According to the petitioner, since he was one among the many families that were affected by the Tsunami that hit Dhanushkodi in 1964 he was accommodated by the Government. According to the petitioner, by reason
WP(MD) No. 25640 of 2025
of the earlier orders passed by this Court, he cannot be evicted without providing him alternative accommodation.
3. Our attention was drawn to the order dated 26.11.2021 made in WP(MD)Nos.21100 and 21101 of 2021. The Hon’ble Division Bench had held as follows:- “ 8.In the light of the above facts, we are inclined to direct respondent Nos.2 and 3 to conduct survey of not only the petitioners' shops but also the entire “Maya Bazaar” to find out any encroachment. After survey, if the authorities find any encroachment and if the said “Maya Bazaar” was created only to accommodate these vendors by the officials of the respondents, then they should be given alternative accommodation, granting them sufficient opportunity to vacate. Till such time, status quo should be maintained.”
4. A careful reading of the aforesaid paragraph would indicate that to avail the benefit of the aforesaid direction, the petitioner must show that his family was accommodated by the Government. The petitioner is not able to produce even a scrap of paper in support of his claim.
5. We are, therefore, not inclined to interfere with the impugned order. The Revenue Divisional Officer had after all called upon the
WP(MD) No. 25640 of 2025
Tahsildar to take action as per law. No authority can be dissuaded from discharging his statutory functions in accordance with law.
6. As and when the jurisdictional Tahsildar issues notice under Section 7 of the Tamil Nadu Land Encroachment Act, it is open to the petitioner to raise all possible defences. No cause of action has arisen at this stage. There is no need to interfere with the impugned order. This writ petition stands dismissed. The dismissal of this writ petition will not come in the way of the authorities from granting relief to the petitioner by granting alternative accommodation. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S.,J.) (M.D.S.,J.) 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PMU
WP(MD) No. 25640 of 2025
To
1. The District Collector Ramanathapuram.
2. The Revenue Divisional Officer, Ramanathapuram.
3. The Tahsildar, Rameswaram, Ramanathapuram District.
4. The Block Development Officer, Mandapam Panchayat Union, Utchipuli, Ramanathapuram District.
5. The Commissioner Mandapam Panchayat Union, Utchipuli, Ramanathapuram District.
6. The President Village Panchayat, Pamban Ramanathapuram District.
WP(MD) No. 25640 of 2025
G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. PMU WP(MD) No. 25640 of 2025 06-10-2026