Jeganathan M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.03.2026

CORAM:

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

1. The District Collector, Tirunelveli District.

2. The Sub Collector, Cheranmahadevi, Tirunelveli District.

3. The Tahsildar, Cheranmahadevi Taluk, Tirunelveli District.

4. Muthupandi

5. Muthukumar

6. Paul Anthony ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the second respondent herein to conclude the enquiry vide proceedings Na.Ka.No -A2/9815/2025 dated 05.11.2025 and pass orders within a time 1/5

frame which relates to remove the encroachment in Government Poramboke land in New S.No - 1163/5 (Old Survey No. 576/8) of Ariyanayagipuram Part I village, Cheranmahadevi, Tirunelveli District. For Petitioner : Mr. D.Saravanan For R1 to R3 : Mr.A.Kannan Additional Government Pleader

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The present writ petition has been filed to conclude the enquiry vide proceedings Na.Ka.No -A2/9815/2025 dated 05.11.2025 and pass orders to remove the encroachment in Government Poramboke land in New S.No - 1163/5 (Old Survey No. 576/8) of Ariyanayagipuram Part I village, Cheranmahadevi, Tirunelveli District.

2. The grievance of the petitioner is that earlier the petitioner had filed a writ petition in W.P.(MD) No.23729 of 2025, wherein it was informed to the Court that the process was already initiated and the enquiry was pending and hence, the said writ petition has been dismissed as withdrawn. Now, once again the present writ petition has been filed claiming that so far, no final orders have been passed in the enquiry. 2/5

3. The learned Additional Government Pleader for the respondents 1 to 3 submits that the present writ petition is filed at the instance of the Panchayat President. Earlier, W.P.(MD) No.4703 of 2024 was filed by one Paul Anthony/sixth respondent, challenging the notice issued against him, wherein this Court has granted interim stay. In view of the stay granted by this Court, now the petitioner has been set up by the Panchayat President.

4. He further submits that the enquiry is now scheduled on 10.03.2026.

5. Heard both sides and perused the records.

6. According to the petitioner, he is the owner of the property and it is private property, not Government land. Be that as it may, on perusal of the relevant documents relied upon in this writ petition, it indicates that survey No.576/8 is shown as 'sarkar poramboke'. However, merely on the basis of such entries, we cannot assume that it is the Government land and it has to be decided properly in the enquiry. Therefore, at this 3/5

stage, we cannot give any positive direction. Let the enquiry be concluded as per law.

7. With the said observations, this Writ Petition is dismissed. No costs.

NCS : Yes/No [N.S.K., J.] & [M.J.R., J.] Index : Yes / No 03.03.2026 Internet : Yes / No apd To

1. The District Collector, Tirunelveli District.

2. The Sub Collector, Cheranmahadevi, Tirunelveli District.

3. The Tahsildar, Cheranmahadevi Taluk, Tirunelveli District.

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N.SATHISH KUMAR, J.

AND M.JOTHIRAMAN, J.

apd ORDER MADE IN 03.03.2026 5/5