M. Nallachamy v. The Government Of Tamil Nadu
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 26.02.2026
CORAM
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.489 of 2025 and W.M.P.(MD).No.337 of 2025 Nallachamy ... Petitioner Vs 1.The Government of Tamil Nadu, Represented by its Chief Secretary, Fort St.George, Chennai-600 009.
2.The Principal Secretary, Revenue and Disaster Management Department, Government of Tamil Nadu, Fort St.George, Chennai-600 009.
3.The Commissioner of Land Administration, Kuralagam, Chennai-600 005.
4.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.
5.The District Collector, Dindigul District, Dindigul-624 004.
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6.The Superintendent of Police, Dindigul District, Dindigul-624 004.
7.Kabilan 8.R.Karuppasamy 9.Ragupathy 10.Sornam 11.Sivabal ... Respondents (Respondent Nos.8 to 11 are impleaded vide Court order dated 23.06.2025 in W.M.P.(MD).No.12334 of 2025 in W.P.(MD).No.489 of 2025) Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the official respondents to take appropriate legal action against the police officer and the revenue authorities including the seventh respondent who is illegally grabbing the petitioner's agricultural land in Survey Nos.415/2A, 2B, 2C, 2D to an extent of 9 acres 78 cents at Ottanchathiram Village, Dindigul District with the support of the above police officials and the revenue authorities based on the petitioner's representations dated 23.11.2024 and 02.12.2024.
For Petitioner : Mr.T.Ramasamy For R-1 to R-3, R-5 : Mr.K.Balasubramani, Special Government Pleader 2/8
For R4 and R-6 : Mr.A.Albert James, Government Advocate For R-7 : Mr.Shankara Narayanan, Senior Counsel for Mr.S.Sakthi Siddharth For R-8 to R-11 : Mr.S.Meenakshi Sundaram, Senior Counsel for Mr.R.Suriya Narayana
ORDER
This Writ Petition has been filed seeking a direction to the official respondents to take appropriate legal action against the police officials and the revenue authorities, including the seventh respondent, who is alleged to have illegally grabbed the petitioner's agricultural land comprised in Survey Nos.415/2A, 2B, 2C and 2D, to an extent of 9 acres and 78 cents, situated at Ottanchathiram Village, Dindigul District, with the support of the police officials and revenue authorities, based on the petitioner's representations dated 23.11.2024 and 02.12.2024.
2. The learned counsel appearing for the petitioner would submit that the petitioner had initially filed O.S.No.101 of 2009 seeking declaration and injunction before the District Munsif Court, Ottanchathiram, and the same was dismissed on 20.11.2024. According 3/8
to the petitioner, taking advantage of the dismissal of the said suit, the seventh respondent, with the assistance of the police officials, entered into the subject property on 22.11.2024, allegedly took possession of the entire property and put up stone fencing. Thereafter, the petitioner preferred an appeal in A.S.No.27 of 2024 before the Sub Court, Ottanchathiram, which is presently pending. The petitioner has also filed a stay petition in I.A.No.5 of 2025 in the said appeal; however, no order of stay has been granted so far. It is further submitted that the petitioner has produced photographs, including those showing the use of a JCB, to substantiate the allegation of forcible interference.
3. The learned counsel appearing for the seventh respondent would submit that the Civil Court, while dismissing O.S.No.101 of 2009, has categorically held that possession was not with the petitioner. Therefore, the question of forcibly evicting the petitioner does not arise. It is his contention that the petitioner has already preferred an appeal and the matter is purely civil in nature, and hence, the invocation of Article 226 of the Constitution of India is not maintainable. 4/8
4. The learned Special Government Pleader appearing for respondent Nos.1 to 3 and 5 would submit that complaints were received from both parties and a case has already been registered. It is further submitted that in view of the finding of the Civil Court that possession was not with the petitioner, the question of eviction does not arise.
5. Considering the facts and circumstances of the case, the main grievance of the petitioner is that respondent Nos.1 to 7 have forcibly entered into the land and taken possession of the property. However, it is an admitted fact that while dismissing O.S.No.101 of 2009 on 20.11.2024, the Civil Court recorded a finding that possession was not with the petitioner. The petitioner has already preferred A.S.No.27 of 2024 challenging the said judgment and decree. Admittedly, no order of stay has been granted in the interlocutory application filed therein. Thus, the issue as to possession is a disputed question of fact, which is already the subject matter of the pending appeal. Unless and until the appeal is decided and the findings of the trial Court are reversed, the question of initiating proceedings against respondent Nos.1 to 7 would not arise. 5/8
6. In view of the above, this Court is not inclined to entertain the present writ petition. However, liberty is granted to the petitioner to raise all available grounds before the appellate Court in A.S.No.27 of 2024. It is made clear that this Court has not expressed any opinion on the merits of the case.
7. In the result, the writ petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 26.02.2026 TSG Speaking/Non-speaking order Index : Yes / No To 1.The Chief Secretary, Government of Tamil Nadu, Fort St.George, Chennai-600 009.
2.The Principal Secretary, Revenue and Disaster Management Department, Government of Tamil Nadu, Fort St.George, Chennai-600 009.
3.The Commissioner of Land Administration, Kuralagam, Chennai-600 005.
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4.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.
5.The District Collector, Dindigul District, Dindigul-624 004.
6.The Superintendent of Police, Dindigul District, Dindigul-624 004.
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KRISHNAN RAMASAMY, J.
TSG W.P.(MD)No.489 of 2025 26.02.2026 8/8