Vadivukarasi v. The Commissioner

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 and W.M.P.(MD) No.4952 of 2026 Vadivukarasi ... Petitioner Vs

1. The Commissioner, Land Administration Department, 2nd Floor, Ezhilagam, Chepauk, Chennai.

2. The District Collector / Monitoring Committee,

3. The Divisional Engineer, Highways,

4. The Assistant Divisional Engineer, Highways, Construction and Maintenance Office, 1/6

5. The District Revenue Officer,

6. The Tahsildar, Office of Tahsildar,

7. The Commissioner, Pudukkottai Municipality,

8. Venkatesan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 4th respondent not to disturb the petitioner's possession and enjoyment in S.No. 13/4, Natham Poromboke land situated in Manippallam Road, Pudukkottai Town, till the disposal of her revision petition dated 10.09.2025 pending before the first respondent and till completion of the process of updation of patta in website under Natham Town Land Tax Assessment Scheme as per the communication of the sixth respondent in S/Tha.A.Vu.Sa.Ma.No.91/2025 dated 10.11.2025. For Petitioner : Mr. A.Haja Mohideen For R1 to R6 : Mr.A.Kannan Additional Government Pleader 2/6

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The present petition is filed seeking an injunction restraining the fourth respondent from disturbing the petitioner's possession and enjoyment of S.No. 13/4, Natham Poromboke land, situated in Manippallam Road, Pudukkottai Town, till the disposal of her revision petition, dated 10.09.2025 pending before the first respondent.

2. The learned counsel for the petitioner brought to the notice of this Court that originally, the patta was granted in favour of the petitioner. Later, at the instance of the private respondent, the same was cancelled and the challenge of the said cancellation also failed. In the meantime, the private respondent filed W.P.(MD) No.18800 of 2025, wherein the Court has directed to complete the enforcement action within eight weeks.

3. It is further stated that the petitioner was not heard in that writ petition. Now, pursuant to the direction of this Court, once again the 3/6

action has been initiated and notice has been issued for eviction. Hence, the writ petition.

4. Heard both sides and perused the records.

5. It is relevant to note that the appeal remedy is available to the petitioner in this regard. However, the petitioner, without filing appeal before the State Highway Authority as per Section 3 of the Tamil Nadu Highways Act, 2001, straight away approached this Court challenging the said notice. In such view of the matter, we are not inclined to entertain this writ petition.

6. However, liberty is granted to the petitioner to file an appeal before the Appellate Authority as per the State Highways Authorities Act, 2001, within one month from today. Till such time, no coercive action shall be taken by the authorities. In the event of the appeal is not filed in time, the respondents may proceed as per law and it is for the petitioner to seek order by canvassing his case before the Appellate Authority. 4/6

7. With the said observations, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. NCS : Yes/No [N.S.K., J.] & [M.J.R., J.] Index : Yes / No 04.03.2026 Internet : Yes / No apd To

1. The Commissioner, Land Administration Department, 2nd Floor, Ezhilagam, Chepauk, Chennai.

2. The District Collector / Monitoring Committee,

3. The Divisional Engineer, Highways, Pudukkottai,

4. The Assistant Divisional Engineer, Highways, Construction and Maintenance Office,

5. The District Revenue Officer,

6. The Tahsildar, Office of Tahsildar, Pudukkottai, Pudukkottai District.

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N.SATHISH KUMAR, J.

AND M.JOTHIRAMAN, J.

apd ORDER MADE IN 04.03.2026 6/6