Kovalam Pasuvandanai Thanpadu v. The State Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.(MD)No.6781 of 2026 Kovalam Pasuvandanai Thanpadu Sriya Alavu Uppu Urppathiyalargal Sangam, (Regn.No.45/2006), M.Saveriyarpuram, Mullakkadu, Tuticorin-628 005 Represented by its Secretary, P.Sekar.

... Petitioner vs.

1.The State Tamil Nadu, represented by its Secretary to Government, Revenue Department, Fort St. George, Chennai 600 009.

2.The Commissioner of Land Administration, O/o the Commissioner of Land Administration, Chepauk, Chennai 600 005.

3.The District Collector, O/o the Collectorate, Tuticorin District.

4.The Revenue Divisional Officer, O/o the Revenue Divisional Office, Tuticorin, Tuticorin District.

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5.The Tahsildar, O/o the Tahsildar, Tuticorin Taluk, Tuticorin District.

6.The Managing Director / Manager, Tuticorin SIPCOT, Tuticorin.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents herein not to disturb the petitioner and to grant renewal of lease to the petitioner in light of the orders in WP(MD)No.9264 of 2013 dated 03.11.2022 and based upon the representation of the petitioner dated 12.03.2026. For Petitioner :Mr.S.Ramsundar Vijayaraj For R1 to R5 :Mr.M.Lingadurai Special Government Pleader For R6 :Mr.M.Gangatharan Government Advocate *****

O R D E R

The Writ Petition is filed with the prayer directing the respondents not to disturb the petitioner and to grant renewal of lease to the petitioner in the light of orders passed in W.P.(MD)No.9264 of 2013, dated 03.11.2022 based on the representation of the petitioner dated 12.03.2026.

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2.Upon hearing the learned Counsel for the petitioner and perusing material records of the case, the rights of the parties have already been determined by the earlier order passed in W.P.(MD)No.9264 of 2013. By the said order, this Court had directed the respondents to consider the application for renewal of lease and pass orders thereon within the time stipulated therein and restrained the respondents from in any manner evicting the petitioner till final orders have been passed. Now, the ground on which the Writ Petition is filed is that no final order is passed and in the meanwhile, in the guise of conducting a survey etc., the petitioner's possession is disturbed.

3.When the matter came up for admission, the learned Special Government Pleader for the respondents 1 to 5, on oral instructions, would submit that the survey is being conducted only because, there is a proposal of expansion of the port and the authorities are considering the feasibility and the request of land etc. However, the eviction proceedings are not being carried on.

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4.Firstly, when the order itself has been passed not to evict the petitioner, even if any attempt is made without disposing the representation, then the same is violative of the order passed earlier, as disclosed in the prayer in the Writ Petition itself. It will be only for the petitioner to file appropriate contempt application in the same Writ Petition and one more Writ Petition to implement the earlier orders would not lie. The authorities are duty bound to comply with and punctually observe the order passed in W.P.(MD)No.9264 of 2013.

5. The submission made before this Court that only a survey is being conducted and no attempt is made to evict the petitioner is recorded. In any event, the petitioner shall only pursue the Contempt Petition in the same Writ Petition and this second Writ Petition in respect thereof is not entertained. The Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. NCC :Yes / No 30.03.2026 cmr 4/6

To 1.The Secretary to Government, The State Tamil Nadu, Revenue Department, Fort St George, Chennai 600 009.

2.The Commissioner of Land Administration, O/o the Commissioner of Land Administration, Chepauk, Chennai 600 005.

3.The District Collector, O/o the Collectorate, Tuticorin District.

4.The Revenue Divisional Officer, O/o the Revenue Divisional Office, Tuticorin, Tuticorin District.

5.The Tahsildar, O/o the Tahsildar, Tuticorin Taluk, Tuticorin District.

6.The Managing Director / Manager, Tuticorin SIPCOT, Tuticorin.

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D.BHARATHA CHAKRAVARTHY, J.

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