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Madras High CourtWP/10180/2026disposed of

Athiyaman v. The District Collector

2026-03-27Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-03-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE Athiyaman ..Petitioner(s) Vs

1. The District Collector Ariyalur District.

2. The Revenue Divisional officer Udayarpalayam Ariyalur District.

3. Tahsildar Udayarpalayam Taluk Ariyalur District.

4. The Block Development officer T.Palur Udayarpalyaam Taluk Ariyalur District

5. S.Komagan (Mani)

6. Sithirangi ..Respondent(s) Writ petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of certiorarified mandamus to call for the records relating to the order dated 24.12.2025 passed by the 2nd respondent vide in its proceedings Na.Ka.A1/3893 and quash the same as illegal, consequently forbear the respondents their men or agents from in any manner interfering with the petitioner's peaceful possession and enjoyment of the property comprised in S.No.310/28 T.Palur village.

For Petitioner(s):

Mr.M.Senthil Vadivu For Respondent(s):

Mrs. C. Meera Arumugam, AGP (R1 to R3) Mr.Murali for R4

ORDER

This writ petition has been filed challenging the impugned order dated 24.12.2025 passed by the second respondent directing removal of 'Seemakaruvela trees' in the petitioner's property, based on an inspection report submitted by the third respondent.

2. Mrs.C.Meera Arumugam, learned Additional Government Pleader, accepts notice on behalf of the respondents 1 to 3.

3. Earlier, by order dated 23.07.2025 passed in W.P.No.26910 of 2025, this Court had directed the second respondent to dispose of the representation of the petitioner therein/A.Sithirangi seeking for removal of 'Seemakaruvela trees' from the property of the petitioner herein within a period of six weeks.

4. The petitioner in this writ petition was the sixth respondent in W.P.No.26910 of 2025. Subsequently, in compliance with the directions issued by this Court on 23.07.2025 in W.P.No.26910 of 2025, the second respondent in this writ petition based on the inspection report submitted by the third respondent passed the impugned order directing removal of 'Seemakaruvela

trees' from the property of the petitioner herein. The petitioner contends that without granting any opportunity of hearing to the petitioner, the second respondent has passed the impugned order.

5. Instead of challenging the order dated 23.07.2025 passed in W.P.No.26910 of 2025, where the petitioner herein was arrayed as the sixth respondent, by filing a writ appeal, the petitioner herein has once again filed a writ petition before this Court on the ground that earlier the petitioner herein was not afforded any opportunity to raise the objections in the earlier writ petition filed by one A.Sithirangi in W.P.No.26910 of 2025. If the petitioner is aggrieved by the order dated 23.07.2025 passed in W.P.No.26910 of 2025, the petitioner ought to have challenged the said order by filing a writ appeal before the Division Bench of this Court. Without filing a writ appeal, the petitioner has challenged the impugned order, which has been passed only pursuant to the directions issued by this Court in W.P.No.26910 of 2025, dated 23.07.2025.

6. For the foregoing reasons, this writ petition is not maintainable and accordingly, this writ petition is disposed of by granting liberty to the petitioner to file a writ appeal against the order passed in W.P.No.26910 of 2025, dated 23.07.2025, if he so desires. No Costs. W.M.P.No.11011 of 2026 is ordered. W.M.P.No.11014 of 2026 is closed.

27-03-2026 RKM

ABDUL QUDDHOSE, J.

RKM To

1. The District Collector Office of Collector Ariyalur Ariyalur District

2. The Revenue Divisional officer Office of the Revenue Udayarpalayam Ariyalur District

3. Tahsildar Office of Tahsildar Udayarpalayam Taluk Ariyalur District

4. The block Development officer T.Palur Udayarpalyaam Taluk Ariyalur District 27-03-2026