Neelavathi v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.(MD)No.3030 of 2026 and W.M.P.(MD)No.2502 of 2026 Neelavathi ... Petitioner Vs.

1.The Secretary to Government, Revenue, Disasters and Mitigation Department, Secretariat, Fort Cerge, Chennai 2.The Commissioner of Land Administration, Land Administration Department, 2nd Floor, Ezhilagam, Cheppack, Chennai-600 005 3.The District Collector, Ramanathapuram District, Ramanathapuram.

4.The Sub-Collector, Paramakudi, Ramanathapuram District, 5.The Thasildar, Taluk Office, Muthukulathor, Ramanathapuram District.

...Respondents

1/6

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to disposal petitioner revision petition dated 16.10.2025 which has been filed under Tamil Nadu land Encroachment act 1905 against the 3rd respondent order Na.Ka.P3/41561/2023, dated 06.08.2025, within the stipulated time fixed by this For Petitioner : Mr.R.Murugappan For Respondents : Mr.S.P.Maharajan (R1 to R5) Special Government Pleader

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) This writ petition is filed seeking a direction to the second respondent to dispose the revision petition filed by the petitioner dated 16.10.2025.

2.The contention of the petitioner is that the petitioner and other villagers have filed an application before the fourth respondent to take action as against one Rajendran for construction of his house by encroaching the pathway. The said application was dismissed stating that the fourth respondent has constructed his house in his own patta land. 2/6

Aggrieved by the said order, an appeal was filed and the same was rejected. The petitioner challenging the same has filed a revision petition before the second respondent. Since the same was not considered, the petitioner has filed the present writ petition. 2.The learned Special Government Pleader appearing for the respondents submits that the petitioner filed the revision before the second respondent, who is not the competent authority to entertain the revision petition. Under Section 10(A)(1) of the Land Encroachment Act, the revision has to be filed before the State Government. 3.

Be that as it may, even if the revision is maintainable only before the Government, having entertained the revision, the second respondent either ought to have forwarded the revision to the Government or should have intimated the same to the parties as if he has no jurisdiction to entertain the said revision. Having not chosen either of the option, the second respondent is sitting over the files for all these years. Such an act is highly depreciable.

copy of this order. Thereafter, the first respondent shall dispose of the said revision within a period of three months therefrom. 4.With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

[N.S.K., J.] & [M.J.R., J.] 04.03.2026 Index :Yes/No Internet :Yes ta To 1.The Secretary to Government, Revenue, Disasters and Mitigation Department, Secretariat, Fort Cerge, Chennai 2.The Commissioner of Land Administration, Land Administration Department, 2nd Floor, Ezhilagam, Cheppack, Chennai-600 005 3.The District Collector, Ramanathapuram District, Ramanathapuram.

4.The Sub-Collector, Paramakudi, Ramanathapuram District, 4/6

5.The Thasildar, Taluk Office, Muthukulathor, Ramanathapuram District.

5/6

N.SATHISH KUMAR, J.

AND M.JOTHIRAMAN, J.

ta W.P.(MD)No.3030 of 2026 04.03.2026 6/6