Kaleeshwari v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and W.M.P(MD)Nos.5146 & 5149 of 2026 Kaleeshwari ... Petitioner vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The District Revenue Officer, Ramanathapuram District.

3.The Tahsildar, Mudhukulathur Taluk, Ramanathapuram District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the impugned order passed by the third 1/5

respondent vide proceedings in Na.Ka.No.A5/2902/2025 dated 05.02.2026 quash the same and consequently direct the third respondent not to take any eviction process against the petitioner till the disposal of petitioner's appeal pending before the second respondent.

For Petitioner : Mr.S.Balaji For Respondents : Mr.D.Sasi Kumar Additional Government Pleader

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) Challenging the impugned notice issued by the third respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as "the Act, 1905"), dated 05.02.2026, the petitioner has filed the present Writ Petition. The petitioner has also sought a consequential direction to the third respondent not to initiate any eviction proceedings against the petitioner until the disposal of the petitioner's appeal pending before the second respondent.

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2.It is the contention of the petitioner that though an appeal is pending before the second respondent with regard to the classification of the subject land, the impugned notice has been issued by the third respondent. 3.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 4.Considering the fact that the appeal is pending before the second respondent, the second respondent is directed to dispose of the said appeal and pass appropriate orders on its own merits and in accordance with law, after providing sufficient opportunity of personal hearing to the petitioner as well as to any other persons interested in the subject matter, within a period of three months from the date of receipt of a copy of this order. Till such time, the respondents are restrained from taking any coercive action.

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5.With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed.

[N.S.K.,J.] [M.J.R.,J.] 06.03.2026 NCC : Yes / No Index : Yes / No ps To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The District Revenue Officer, Ramanathapuram District.

3.The Tahsildar, Mudhukulathur Taluk, Ramanathapuram District.

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N.SATHISH KUMAR , J.

and M.JOTHIRAMAN , J.

ps ORDER MADE IN DATED : 06.03.2026 5/5