P.Rajenthiran v. The District Collector Cum Monitoring Committee

1 W.P.(MD)NO.853 OF 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.853 of 2026 AND W.M.P.(MD)Nos.693 & 695 of 2026 P.Rajenthiran ... Petitioner Vs.

1. The District Collector cum Monitoring Committee, O/o.the Collectorate, Ramanathapuram.

2. The Tahsildar, Taluk Office, Paramakudi Taluk, Ramanathapuram District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, issuing a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the second respondent vide his proceedings in Na.Ka.A3/9308/2022 dated 09.12.2025 and quash the same as illegal.

For Petitioner : Mr.D.Senthil For Respondents : Mr.C.Venkatesh Kumar, Special Government Pleader.

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2 W.P.(MD)NO.853 OF 2026

O R D E R

Heard both sides.

2. The petitioner challenges the impugned notice dated 09.12.2025 issued by the Tahsildar, Paramakudi calling upon the petitioner to evict from T.S.No.35 Part on his own. The petitioner claims that he is a tenant under TELC and that his shop is located not in T.S.No.35 but in survey No.75.

3. The learned Special Government Pleader draws our attention to the order dated 16.07.2024 in W.P.(MD)No.18279 of 2021. The said writ petition was filed by Thiru.S.Sankar for clearing the encroachment in T.S.No.35 at Vendhoni Village. TELC was also shown as the seventh respondent in the writ petition. TELC entered appearance through counsel. The petitioner admittedly does not have any patta in respect of T.S.No.35.

4. Since the petitioner claims to be a tenant in survey No.75, he cannot have any grievance if action is taken in respect of the 2/5

3 W.P.(MD)NO.853 OF 2026 encroachments comprised in T.S.No.35. It appears that even though the petitioner claims that he has nothing to do with T.S.No.35, it appears that he has marginally committed encroachment. If the petitioner files an affidavit before the jurisdictional Tahsildar within ten days from the date of receipt of a copy of this order that he will remove the encroachments on his own, the impugned proceedings shall be put on hold for a period of three months from today. We make it clear that this protection is given only for the petitioner and that this order shall not be used as a reason for completely stalling the eviction proceedings. We also would caution the respondents that when taking action in respect of T.S.No.35, they should not disturb the petitioner's possession in survey No.75. With the aforesaid observation and temporary respite for the petitioner, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 22.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/5

4 W.P.(MD)NO.853 OF 2026 To:

1. The District Collector cum Monitoring Committee, O/o.the Collectorate, Ramanathapuram.

2. The Tahsildar, Taluk Office, Paramakudi Taluk, Ramanathapuram District.

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5 W.P.(MD)NO.853 OF 2026 G.R.SWAMINATHAN,J.

AND B.PUGALENDHI, J.

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