Indiradevi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)Nos.1367 & 1368 of 2026 Indiradevi ... Petitioner Vs.

1.The District Collector, 2.The District Surveyor, 3.The Tahsildar, Kariyapatti Taluk Office, 4.The Circle Revenue Inspector, Mallanginar, Kariyapatti, 5.The Taluk Surveyor, Kariapatti Taluk, 1/5

6.The Village Administrative Officer, Alagiyanallur Village, Kariyapatti Taluk, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the third respondent in Na.Ka.A8/0165/2025 dated 07.01.2026 and quash the same as illegal and consequently direct the respondents not to interfere in the peaceful possession of the petitioner in her patta land situated in Survey No. 76/1 of Alagiyanallur Village, Kariyapatti Taluk, Virudhunagar District, by considering the petitioner's explanation dated 31.12.2025.

For Petitioner : Mr.S.Vishnuvardhan For Respondents : Mr.C.Venkatesh Kumar Special Government Pleader

ORDER

The petitioner assails the impugned notice under Section 6 of the Land Encroachment Act, 1905. As pointed out by the learned Special Government Pleader, the notice calls upon the petitioner to remove the encroachment said to have been committed in Survey No.76/1. Admittedly, the petitioner does not have any claim over Survey No.76/1. The petitioner holds 2/5

his patta land only in Survey No.166/3. Therefore, the question of interfering with the impugned notice does not arise at all. We however make it clear that in the guise of enforcing under Section 6 of the Land Encroachment Act, 1906 the authorities should not interfere with the petitioner's patta land comprised in Survey No.166/3.

2.With the aforesaid observation and direction, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

[G.R.S., J.] [B.P., J.] 29.01.2026 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, 2.The District Surveyor, 3.The Tahsildar, Kariyapatti Taluk Office, 3/5

4.The Circle Revenue Inspector, Mallanginar, Kariyapatti, 5.The Taluk Surveyor, Kariapatti Taluk, 6.The Village Administrative Officer, Alagiyanallur Village, Kariyapatti Taluk, 4/5

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA 29.01.2026 5/5