Senthamilselvi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.(MD)No.6643 of 2026 and W.M.P.(MD)Nos.5487 and 5488 of 2026 Senthamilselvi ... Petitioner Vs.

1.The District Collector, Madurai District, Collectorate, Madurai.

2.The Tahsildar, Melur Taluk, Taluk Office, Melur, Madurai District.

...Respondents

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the impugned notice dated Nil.01.2026 in Na.Ka.No.126/2026/A1 issued by the second respondents to consider my representation dated 13.02.2026 by conducting detailed enquiry and giving opportunity to produce documents.

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For Petitioner : Mr.R.Narayanan For Respondents : Mr.S.P.Maharajan Special Government Pleader

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) Mr.S.P.Maharajan, learned Additional Government Pleader, accepts notice for the respondents 1 to 3 and Mr.D.Sasikumar, learned Additional Government Pleader, accepts notice for the fourth respondent. In view of the order proposed to be passed in this writ petition, notice to the fifth respondent is dispensed with.

2.By consent of both parties, this writ petition is taken up for final disposal at the time of admission itself. 3.This writ petition is filed challenging the eviction notice dated Nil.01.2026.

4.At the outset, this Court is of the view that the order issued by the 2nd respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'the Act') is 2/4

appealable before the 1st respondent under Section 10 of the Act. Without exhausting the appeal remedy, the petitioner has filed this Writ Petition. Therefore, the petitioner is directed to file an appeal before the 1st respondent within a period of two weeks (2) from the date of receipt of a copy of this order. On receipt of the said appeal, the 1st respondent is directed to dispose of the said appeal, within a period of two months thereafter. Till such time, the impugned order passed by the 2nd respondent is kept in abeyance.

5.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition are closed. [N.S.K., J.] & [M.J.R., J.] 11.03.2026 Index : Yes/No Internet :Yes ta To 1.The District Collector, Madurai District, Collectorate, Madurai.

2.The Tahsildar, Melur Taluk, Taluk Office, Melur, Madurai District.

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N.SATHISH KUMAR, J.

AND M.JOTHIRAMAN, J.

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