Natchiappan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2026

CORAM:

THE HONOURABLE DR.JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN and W.M.P.(MD) No.3729 of 2026 Natchiappan ... Petitioner Vs

1. The District Collector, Collectorate Campus, Theni,

2. The Tahsildar, Taluk Office,

3. The Assistant Engineer, TANGEDCO,

4. The Block Development Officer, 1/5

5. The Firka Surveyor, ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1, 2 and 5 not to disturb the peaceful possession of the petitioner in respect of the property comprised in Survey No.1076/3B44B an extent of 71 cents based on the petitioner's representation dated 09.01.2026. For Petitioner : Mr.M.Mathankhy For R1, R2, R4 & R5 : Mr.J.Ashok Additional Government Pleader For R3 : Mr.S.Deenadhayalan

ORDER

(Order of the Court was made by DR.G.JAYACHANDRAN, J.) The present Writ of Mandamus is filed seeking a direction to the respondents 1, 2 and 5, namely, District Collector, Tahsildar and Firka Surveyor, not to disturb the peaceful possession of the petitioner in respect of the property comprised in Survey No.1076/3B44B measuring an extent of 71 cents based on the petitioner's representation dated 2/5

09.01.2026.

2. The learned counsel appearing for the petitioner submits that the land in survey No.1076/3B44B belongs to the petitioner. However, under the guise of removing encroachment, the respondents 1, 2 and 5 are trying to dispossess the petitioner. Hence, the present writ petitioner with the above prayer.

3. When this Court posed a question whether there is any material to show that the petitioner is in peaceful possession of the land in the said survey number, the learned counsel refers to a civil court decree passed in O.S.No.95 of 2024, dated 08.10.2025, by the learned District Munsif, Aundipatti, wherein the petitioner herein, as a plaintiff against Chinnakaruppan, Maruthu and Mani, has obtained an ex parte decree of injunction in respect of the survey No.1076/3B44B measuring 71 cents. The said ex parte injunction decree as against the private parties will not bind the respondents 1, 2 and 5. 3/5

4. With these observations, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. [G.J., J.] & [K.K.R.K., J.] 17.02.2026 Index :Yes/No Internet :Yes apd To

1. The District Collector, Collectorate Campus, Theni,

2. The Tahsildar, Taluk Office,

3. The Block Development Officer,

4. The Firka Surveyor, 4/5

DR.

G. JAYACHANDRAN , J.

AND K.K. RAMAKRISHNAN, J.

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