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Madras High CourtWP(MD)/4132/2026dismissed

N.Jeyamani v. The District Collector

2026-04-16Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN N.Jeyamani ... Petitioner Vs.

1. The District Collector, Madurai District, Madurai.

2. The District Revenue Officer, District Revenue Office, Madurai.

3. The Revenue Divisional Officer, Usilampatti, Madurai District.

4. The Tahsildar, Peraiyur Taluk, Madurai District.

5. The Taluk Surveyor, Vaiyur, T.Kallupatti, Madurai District.

6. The Village Administrative Officer, Vaiyur, Madurai District.

7. Subramani ... Respondents 1/6

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the Respondents 1 to 6 herein suitably to take necessary steps as to remove the encroachment put up by the 7th respondent in S.No.422/30, Vaiyur Village, Nallamaram Post, Peraiyur Taluk, Madurai District, which is classified as Natham Poramboke land, by considering the representation dated 05.10.2025, within the stipulated time.

For Petitioner : Mr.M.Jothi Basu For Respondents : Mr.J.Ashok, Addl. Govt. Pleader for R1 to R6 Mr.V.B.Sundareshwar for R7

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner has filed this writ petition seeking a direction to the respondents 1 to 6 herein suitably to take necessary steps as to remove the encroachment put up by the 7th respondent in S.No.422/30, Vaiyur Village, Nallamaram Post, Peraiyur Taluk, Madurai District, which is classified as Natham Poramboke land, by considering the representation dated 05.10.2025, within the stipulated time. 2/6

2. According to the petitioner, the 7th respondent has encroached upon the subject land, which is classified as "Natham Poramboke" land. Therefore, the petitioner has sent a representation seeking to remove the encroachment made by the 7th respondent. However, no action has been taken till date. Hence, the petitioner has filed this Writ Petition.

3. Heard the learned counsel appearing on either side and perused the materials available on record.

4. On a perusal of the records, it is seen that the land in question is a natham land and it appears that the private respondents are in occupation of the said land. Once the natham land has been occupied by private parties, the question of removal of encroachment under the Tamil Nadu Land Encroachment Act, 1905 does not arise at all, as per the judgment of the Full Bench of this Court in W.P.(MD)No.19720 of 2017, dated 06.03.2026. Therefore, no direction as sought for by the petitioner can be granted.

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5. Accordingly, this writ petition is dismissed. There shall be no order as to costs.

[N.S.K., J.] & [M.J.R., J.] 16.04.2026 Index :Yes/No Internet :Yes vsm 4/6

To

1. The District Collector, Madurai District, Madurai.

2. The District Revenue Officer, District Revenue Office, Madurai.

3. The Revenue Divisional Officer, Usilampatti, Madurai District.

4. The Tahsildar, Peraiyur Taluk, Madurai District.

5. The Taluk Surveyor, Vaiyur, T.Kallupatti, Madurai District.

6. The Village Administrative Officer, Vaiyur, Madurai District.

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N.SATHISH KUMAR , J.

AND M.JOTHIRAMAN, J.

vsm 16.04.2026 6/6